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02-11-2005, 01:01 PM
| | Junior Member | | Join Date: Feb 2005
Posts: 1
| |  Previous Employer Sueing for "Shoplifting" a Lost and Found Item!
What is the name of your state?CALIFORNIA:
I was fired three months ago for stealing a lost and found item from my employer. The item belonged to a customer of the store who had left it behind. It WAS NOT store merchandise. The company did not actually give me a reason or a statement telling me why they fired me, b ut my employer said it the item was on company property, so they consider that stealing from the company. I returned the personal property in it's original condition and the customer never pressed charges.
Today I received a letter from an attorney stating that I must pay for $300 in damages from the company. If I do not pay in 20 days they will sue. The attorney is quoting California Penal Code 490.5 (A SHOPLIFTING LAW) which defines "petty theft involving MERCHANDISE taken from a merchant's premises".
I do not have the money to pay; and do not feel obligated to pay. The item taken was personal property that was not owned by the company and was not resellable by the company. Therefore, it was not merchandise. I will not admit guilt to shoplifting. I know I committed theft of personal property, but I did not shoplift!
QUESTION: CAN THE COMPANY SUE ME FOR STEALING MERCHANDISE WHEN THE ITEM DIDN'T BELONG TO THEM? |
02-11-2005, 02:35 PM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,075
| | Quote: |
QUESTION: CAN THE COMPANY SUE ME FOR STEALING MERCHANDISE WHEN THE ITEM DIDN'T BELONG TO THEM?
| Uh, it didn't belong to you either. The store also has a legal obligation to protect the property of others when an item is left behind accidently. You violated that obligation. You put the employer in a position of being responsible for something he has the right to protect, just like the merchandise on the shelf. The civil penalty is proper. I would suggest talking to an attorney if you wish to contest the fine.
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02-11-2005, 02:55 PM
| | | Quote: |
Originally Posted by racer72 Uh, it didn't belong to you either. The store also has a legal obligation to protect the property of others when an item is left behind accidently. You violated that obligation. You put the employer in a position of being responsible for something he has the right to protect, just like the merchandise on the shelf. The civil penalty is proper. I would suggest talking to an attorney if you wish to contest the fine. | Agreed**************.. |
02-11-2005, 04:03 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 17,799
| | | By all means, consult an attorney, to handle it, at $250 p/h it will take several hours to consult and negoiate any settlement and since the employer is within their bounds including the fine, it will cost you more to contest it than to pay it. In the future, don't steal. |
02-11-2005, 04:05 PM
| | | Quote: |
Originally Posted by rmet4nzkx In the future, don't steal. | Doc, he shouldn't steal in the past either!  |
02-11-2005, 04:12 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 17,799
| | Judgy
I just wnated to make sure he knew. Remember little children sometimes think that they are getting punished for getting caught and not for comitting the crime and that they can do it again as long as they can take the punishment.  |
02-11-2005, 04:15 PM
| | | Quote: |
Originally Posted by rmet4nzkx Judgy | I love it when you call me Judgy!  |
02-11-2005, 04:34 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 17,799
| | Quote: |
Originally Posted by seniorjudge I love it when you call me Judgy! | Shhhhhhhh, let that be our secret, you don't want Mrs. Judgy knowing  | |
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