Can we garnish wages if an employee destroys company property?

Please check your Employee Handbook or the Employment Documentation for this individual, when on-boarded. But, it is not uncommon for employees to break blackberry's and laptops. Very early in my career I spilled a large cup of coffee on a key board. Things happen.

However, if you think the destruction was on purpose, you should consult an employment attorney.

After this situation, please take a moment to add a policy to your handbook, so if and when the situation occurs in the future, there will be no question as to how to proceed.

This is a matter of state employment law. Under California law, you cannont deduct this without written agreement. I don't believe a statement in the policy manual would suffice, however, I would check with an employment lawyer to see how to proceed. It will depend on facts and circumstances.

In Illinois, If you do not have a prior signed agrement it would be unlawful to withold any wages due the employee regardless of the circumstances. You need to discuss the specific facts with your attorney for the laws in your area.

I would add that while gathering facts a key determinant is whether the damage occurred while using the equipment / property for authorized vs. unauthorized use. To Regis' point, damage is always possible during the normal course of business.

In most states the only way to recover the cost of property damaged by an employee is to ask them to repay via a check. If they don't want to pay then small claims court. As stated above most states do not allow you to withhold amounts from an employees wages without their written consent. Most attorney's recommend against withholding it from an employees wages even with consent due to the laws in many states.

You may be able to file a civil suit for recovery. Garnishments generally require a court order to initiate, which you will not have solely upon the destruction.