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What Would You Do? The case of the demanding Notary boss

A person pointing at someone in blame, while the person being blamed covers their face.

The NNA Notary Hotline takes calls from Notaries across the country every day asking about tricky and difficult notarization situations. To boost your knowledge of Notary standards of practice, the NNA presents a situation based on a real-life Notary case and asks the question: What would you do?

Imagine you’re a Notary getting ready to leave your current place of employment. As you are taking care of the final details of your departure, your boss calls you into his office.

“You’ve worked for us as a Notary, but since you are leaving, you need to turn over your journal, Notary seal and bond to us,” your boss tells you. “We paid for you to become a Notary, so those items belong to us by rights. If you won’t do it, we’re not going to provide you with your final paycheck.”

What would you do?

Do you think the employer has the right to demand your tools if someone else paid for you to become a Notary? What do you think about the employer threatening to withhold a paycheck if the tools aren’t turned over to him? How would you handle this situation?

Share your answers in the comments section below. We may mention your response in an upcoming July 2024 Bulletin article when we offer the recommended solution to this difficult Notary situation.

David Thun is the Editorial Manager at the National Notary Association.

View All: Best Practices

4 Comments

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Kenneth Burke

24 Jun 2024

I would remind the boss that nonpayment of wages is illegal.

Tabatha Tuskey

25 Jun 2024

I have all of documentation together for my notary, including the information that states that the notary belongs to the person whose name is on the seal. I would produce that information and remind them that it is illegal to withhold a paycheck, but I would me more than will to contact the board of labor and get them involved if necessary.

Heidi

26 Jun 2024

I would inform my boss that, as a notary, my duty is to my state, not my employer. Regardless of whether an employer pays for a notary's supplies and commission, the notary is personally responsible for safeguarding their records. If pressed, I would offer to resign my commission, destroy my stamp, and surrender my journal to the state authority (if appropriate in that jurisdiction) at the employer's request in order to prove that I would not continue to benefit from anything the employer paid for on my behalf during my employment, but under no circumstances would I turn anything over to them. (I could then reapply later for a new commission on my own, or if needed by a new employer.) If the threat to withhold wages continued, I would inform them I would be contacting an attorney, and then do so.

Debra

27 Jun 2024

Well, I am required to be a notary at work, but paid dearly for all the courses, the bond, the stamp, the log book...myself. So, I would take it with me. Not sure I would say too much else though. I don't believe my boss would say that, but may be surprised.

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