Stolen equipment pending wage claim

lcmedia

A former senior execuitve was suspended with pay, and then terminated.  They brought a wage claim, which at its heart is about three checks over a one year period that were not paid.  While leaving they took a computer, with company data, their cell phone ($500 Treo) and flat screen monitor.  The case is being litigated, but we are between attorneys on the wage matter.  Do we have any grounds to just call law enforcement and report the equipment as stolen property to be returned?  Do we have any liability if we do?  The equipment was purchased with funds for a particular use, which is obviously is not being used for, so we have a fiduciary responsbility to our funder.  Any thoughts?

BKate

In my experience, most senior executives have some type of written employment agreement that often covers things like equipment the company will provide. If not included in a written employment agreement, there is often a policy on the issue. I would probably start by looking at whatever arrangements were made when the equipment was provided and what the understanding was at the time.

Since this individual has filed a wage claim and it is being litigated, I would be careful. The company wouldn't want to do something that the executive would then use to make a claim of retaliation. This is one of those times when I would definitely get the advice of the lawyer handling the case before I did anything.

HRDir1

In addition to what BKate has said, I would make a formal, written request that the former employee return all equipment by a certain date to the company (name a person or department). This, assuming that there was a clear understanding that the equipment was company property. Even if the employee does not respond, the employer will have documentation of the request and the employee's failure to reply. This may come in handy later when/if the employer needs to file either a criminal compliant or counter in the current lawsuit.