Earlier this month, we shared a situation where a boss demanded a Notary’s tools just as the Notary was getting ready to move to a new job. The boss threatened to withhold the Notary’s last paycheck if the Notary refused to turn over the seal and journal.
We asked our Notary readers: How would you handle this situation?
What Notaries said
Readers agreed that the seal and journal belonged to the Notary, even if the boss paid for them.
“My former employer actually attempted this, aside from threatening to withhold my wages,” a Notary named Miranda wrote. “I verified that everything did, in fact, belong to me, and they had no legal claim to my stamp, book, or bond.”
“I have all the documentation together for my Notary commission, including the information that the (Notary commission and tools) belong to the person whose name is on the seal,” said Tabatha Tuskey. “I would produce that information and remind them that it is illegal to withhold a paycheck, but I would be more than willing to contact the Board of Labor and get them involved if necessary.”
J.D. Walker raised concerns that the employer could use the stamp and journal illegally once the tools are out of the Notary’s hands. “If the employer is adamant about the Notary turning over the seal and journal, who knows what they intend to do with it? They may order another employee to use it illegally, and then the departing Notary is on the hook,” he said.
The NNA’s recommendation
A Notary should never turn their tools over to an employer unless state law permits it. Many states, such as California, Illinois, Pennsylvania, Texas and Florida (where this scenario took place), specify that the Notary’s seal and journal are the sole property of the Notary, even if an employer or someone else paid for them.
In California, an employer has the right to request copies of journal records for transactions directly associated with the business purposes of the employer as long as the copies are made in the presence of the Notary by a duly designated auditor or agent of the employer (GC 8206[d]). As you are preparing to leave, you could offer to permit the employer to make copies of these business-related journal entries if the employer has not already requested it. You should also warn the employer that California law states that confidentiality and safekeeping of these copies is the responsibility of the employer.
The only two states with exceptions to this rule are Arizona and Oregon. Arizona allows Notaries working under certain conditions to keep a separate journal for nonpublic records protected by confidentiality rules such as attorney-client privilege. An Arizona nonpublic journal may be kept by the employer if the Notary leaves the job.
Oregon Notaries may sign a written agreement to allow an employer to keep the journal if the Notary leaves the job, but the Notary must keep one copy of the agreement and send a second copy to the Oregon Secretary of State’s office.
We have not heard from the Notary yet about how this situation ultimately turned out, but we will post an update if they contact us.
David Thun is the Editorial Manager at the National Notary Association.