Statements from Notaries indicated that the seal and journal were rightfully owned by the Notary, regardless of whether the employer had paid for them.
One Notary named Miranda shared, "My previous employer tried to claim ownership, even going as far as threatening to withhold my wages. I made sure to confirm that the stamp, book, and bond belonged to me legally, and they had no right to them."
Tabatha Tuskey mentioned, "I have all the necessary documentation for my Notary commission, which clearly states that the commission and tools belong to the individual whose name is on the seal. I would present this information and remind them that withholding a paycheck is illegal. If needed, I would involve the Board of Labor."
J.D. Walker expressed concern that if an employer insisted on taking possession of the seal and journal, they might misuse them once they are no longer in the Notary's control. He warned, "If the employer forces the Notary to surrender the seal and journal, who knows what they might do with it? They could instruct another employee to use it unlawfully, putting the departing Notary at risk."
Recommendation from the NNA
The NNA advises that a Notary should not hand over their tools to an employer unless permitted by state law. In several states, including California, Illinois, Pennsylvania, Texas, and Florida (the location of this incident), it is explicitly stated that the Notary's seal and journal are the exclusive property of the Notary, even if they were paid for by someone else.
In California, an employer can request copies of journal entries related to business transactions, provided that the copies are made in the Notary's presence by an authorized auditor or agent of the employer (GC 8206[d]). Before leaving, the Notary could offer to allow the employer to make copies of these business-related entries if they have not already done so. It is important to inform the employer that California law holds them responsible for the confidentiality and safekeeping of these copies.
There are only two exceptions to this rule, which are Arizona and Oregon. In Arizona, Notaries working under certain conditions can maintain a separate journal for nonpublic records protected by confidentiality rules, such as attorney-client privilege. This nonpublic journal can be kept by the employer if the Notary leaves their position.
Oregon Notaries can sign an agreement allowing the employer to retain the journal upon the Notary's departure, but the Notary must keep one copy of the agreement and send a second copy to the Oregon Secretary of State's office.
There has been no update on the resolution of this situation from the Notary involved, but any developments will be shared if they reach out to us.
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