I had to fire someone today due to them calling out an INSANE amount, lying, and literally saying 'No, I'm going home now' when asked to finish their work. This has been on going for a while and my husband is just too nice sometimes. Anyway. The employee has a WORK PHONE. We paid for the phone, and pay for the service on it. It was given to him after working for us for about a month. Now he's claiming we 'gave him the phone no matter what'. (Yes, he actually said 'no matter what') and refusing to give it back.
I'm kind of at a loss of what to do now? Do I call the police? Do I withhold his final pay check until he gives it back? I just really am at a loss on the proper way to handle it. The phone is an iPhone 4S, so it certainly isn't cheap, or something I'm just going to let go...help?
EDIT: In my state, I am legally not allowed to withhold his paycheck, so that option is out.