Posted by Lynn Dessert | Jun 17, 2015 | Workplace Issues | 0 |. At a hearing on that petition, the court determines the true owner of the property and determines if return of the property is proper. Getting back personal property booked as evidence after dismissal. They took his phone, laptop and keys to his company car and told him to figure out how to get back home. Then the burden to show that the property is contraband or otherwise should not be returned is placed on the State. While I am not familiar with the ins and outs of Canada employment law, I do believe I can address the question raised from this reader – bear in mind I am working from an U.S.A. perspective though conceptually my opinions are probably sound. However, you are responsible for petitioning the court to return your property. One of the former employees still has the company laptop, but he never signed anything, nothing in the contract making any reference to company property. If necessary, include a higher level of management in your meeting to show the company's support of the action. Designed by Elegant Themes | Powered by WordPress, How to Infuse Success into Succession Planning. © 2020 Nicholson, Gansner & Otis, S.C.. All Rights Reserved. When pursuing a wrongful termination class action case, it is imperative that you and your colleagues do everything squeaky clean. You must ensure that documentation supporting the separation is complete and supports your decision. Her career eBooks What To Do After Being Fired and The Secrets to Successful Job On-Boarding give you a roadmap to DIY. For example, if an employee uses company data systems on a personal computer, delete the information before releasing it back to the employee. When situations do not warrant that the employee return to the work area, make arrangements to have the items picked up at a later time or request an address where they may be mailed. For example, your return of company property letter should include how many days the employee has to return the property, the date of their termination, what items they need to return, and where they need to return them to. So, if there is a “logical nexus” between your property and illegal activity, it will be difficult to obtain your property. Your email address will not be published. What to do when your boss wants to fire you, You may think it is personal – and it is probably not. At a hearing on that petition, the court determines the true owner of the … If you have personal property that is being held for evidence it will likely stay where it is but your attorney could request the court to release the personal property. Forum Member. My case was dismissed and I wanted my property that was wrongly taken. In our court system sometimes the burden of proof can be argued on what would a reasonable person do or think. Give employees an opportunity to retrieve personal property prior to leaving the workplace after being terminated. Once your property is seized, it is not simply returned if you are not charged with a crime, if the charges are dismissed, or if you are acquitted. My question is can he hang on to the laptop until they comply with the ESA and give him his correct pay and Record of Employment. Deeb is a real-estate investor and business owner with professional experience in human resources. If the employee must leave the workplace immediately due to a termination for incompetence or misconduct, allow him to remove any personal property before exiting. Learn how your comment data is processed. To ensure that these issues are resolved equitably, include a section in the employee handbook devoted to personal property and how it is treated during work and after separation. Was not yours, you have no legal claim to it. I live in the great state of california in case that helps.What is the name of your state (only U.S. law)? Start your discovery process by contacting her at 704.412.2852 today. He was in sales and the company’s intent was to confiscate all customer information and ensure that it did not go with him. All laws provide for a hearing, in which the seizing authority must justify its retention of the property, as something involved in the commission of a crime. But if you were found guilty of any of the charges OR if you accepted a plea bargain, pleading guilty to any charge, you need to review the plea agreement/order of the court carefully. The fact is your friend will not win by holding the computer hostage; perhaps the company has grounds for not making final payment and filing the ROE because his firing is more complicated with company property outstanding. Lynn Dessert is a certified ICF and NLP Coach specializing in Executive and Leadership coaching in Charlotte NC. So, if the ex-employee continues to hang onto the computer, can the company now imply that the ex-employee is trying to steal company property or worse yet – customer or confidential information? She holds a Bachelor of Arts in English from San Diego State University. Contraband includes both illegal items and items which are generally legal to possess but are related to illicit activity. Carol Deeb has been an editor and writer since 1988. Your email address will not be published. That may solve the ROE issue, but it does not address the last pay being held back. For example, in Jones, cash and drug paraphernalia (small scale, six cigarette lighters, and three pieces of charred “Chore-boy” scouring pads) were seized from the defendant, he was charged with drug related offenses and those charges were later dismissed.