Termination & Company Property Missing Please Help

loriana

Is there anything you can do if you terminated an employee and find that they have sabotaged work and taken company property home if you don't have a policy in place?

Also, if you are almost sure that this employee is going to sue for wrongful discharge and they have taken company property does it affect the outcome?

Any help would be appreciated.

Theresa Gegen TX

If the employee has taken company property, you probably have a remedy. This can be conversion and the Court can order the employee to return the property.

Contact an attorney and determine exactly what was taken and what evidence you have that this employee took it.

The attorney will probably send a demand to the employee to return the company property immediately. If the employee does not, in most states the company can get a writ of sequestration or attachment (this means that the court can order the property seized by an officer (generally the sheriff), the company posts a bond for the value of the property (in case it is later proved that the property was not the company property, but belonged to the individual) and unless the invidual posts a bond to get the property released, the property may be release to the company (after a short waiting time). This procedure is based on state law and will vary based on your state. I have used this procedure successfully in Texas to get about 1/4 of a million dollars worth of company computers and cameras returned when an ex employee took off with the property to set up his own competing business.

This can be a costly procedure for the company because it is legally intesive.

Also, there may be other remedies available in your state.

You may be able to call the police and report the theft as a crime, but before you do so you must review the facts with an attorney. If you call the police and the case is dropped there is a possiblity of the ex-employee suing you for malicious prosecution.

Good Luck!!