What is the name of your state (only U.S. law)? Texas
I terminated an employee and informed her she was not allowed on the premises to pick up her belongings, but they could be picked up or delivery could be arranged. She agreed to have her personal effects picked up and she designated an agent in writing, and signed it. The agent signed an agreement below before picking up any items upon arrival. I also signed/dated it, and had a witness sign & date it.
After picking up her items, she has texted myself, e-mailed the landlord and myself claiming that items are missing, and has claimed there are additional items there. She has threated to go to the DA (with a 24 hour time limit) via e-mail, and again sent an e-mail today stating…“After speaking with council and finding that you had to give me permission to come into the building and retrieve my things, I am giving you one last chance to return my things in the order they were loaned to your facility. And to return the items that you or your staff deemed was yours by mistake. I was instructed to give you 48 hours to take care of this matter to prevent further legal action.”
She has been driving by our company, parking her vehicle across the street and watching the building. She has texted employees repeatedly telling them they need to pray for forgiveness, that they are not going to heaven, etc. She has not provided any evidence of ownership for any items. She has no evidence that anything was loaned to the company.
1. Since she designated an agent, have we satisfied any requirement (if it exists) to allow her to come onto the premises?
2. What is the process in Texas for getting a Restraining Order / Cease & Desist contact with former, current, and future employees? Can we mail her something on company letterhead, or does an attorney need to do it on his/her letterhead? I can easily see her contacting our attorney multiple times to run up our bill.
The letters are below outlining the terms of the agreement.
Letter to Terminated Employee on September 23, 2013
“Your representative(s) may retrieve items from (Company Name) that are being stored at no cost until 9/29 from the hours of 9 am – 4 pm with a 24 hour notice. You are responsible and liable for retrieval, loading, transport, and delivery of items to the offsite location. Any items not retrieved by 9/29 at 4 pm CST will be disposed of. Your representative(s) must bring a signed letter from you authorizing them to retrieve your items. We dispute your ownership of the following item. Canon Printer. If you believe we are incorrect, please provide a full purchase receipt identifying payment method and card number (if applicable) to prove ownership. All other items that can be found at (Company Name) that are not in dispute will be available for pickup.”
Item Retrieval Signed by Agent on September 25, 2013
“The item list below constitutes the full and complete list of items located at (Company Name) belonging to (Terminated Employee). Acceptance of these items by signature below releases (Company Name) of any responsibility of the items once removed from (Company Name). Any items left on the premises will be disposed of. Once any item is removed, no additional items can be claimed by (Terminated Employee) her Agent/Representative.”
I terminated an employee and informed her she was not allowed on the premises to pick up her belongings, but they could be picked up or delivery could be arranged. She agreed to have her personal effects picked up and she designated an agent in writing, and signed it. The agent signed an agreement below before picking up any items upon arrival. I also signed/dated it, and had a witness sign & date it.
After picking up her items, she has texted myself, e-mailed the landlord and myself claiming that items are missing, and has claimed there are additional items there. She has threated to go to the DA (with a 24 hour time limit) via e-mail, and again sent an e-mail today stating…“After speaking with council and finding that you had to give me permission to come into the building and retrieve my things, I am giving you one last chance to return my things in the order they were loaned to your facility. And to return the items that you or your staff deemed was yours by mistake. I was instructed to give you 48 hours to take care of this matter to prevent further legal action.”
She has been driving by our company, parking her vehicle across the street and watching the building. She has texted employees repeatedly telling them they need to pray for forgiveness, that they are not going to heaven, etc. She has not provided any evidence of ownership for any items. She has no evidence that anything was loaned to the company.
1. Since she designated an agent, have we satisfied any requirement (if it exists) to allow her to come onto the premises?
2. What is the process in Texas for getting a Restraining Order / Cease & Desist contact with former, current, and future employees? Can we mail her something on company letterhead, or does an attorney need to do it on his/her letterhead? I can easily see her contacting our attorney multiple times to run up our bill.
The letters are below outlining the terms of the agreement.
Letter to Terminated Employee on September 23, 2013
“Your representative(s) may retrieve items from (Company Name) that are being stored at no cost until 9/29 from the hours of 9 am – 4 pm with a 24 hour notice. You are responsible and liable for retrieval, loading, transport, and delivery of items to the offsite location. Any items not retrieved by 9/29 at 4 pm CST will be disposed of. Your representative(s) must bring a signed letter from you authorizing them to retrieve your items. We dispute your ownership of the following item. Canon Printer. If you believe we are incorrect, please provide a full purchase receipt identifying payment method and card number (if applicable) to prove ownership. All other items that can be found at (Company Name) that are not in dispute will be available for pickup.”
Item Retrieval Signed by Agent on September 25, 2013
“The item list below constitutes the full and complete list of items located at (Company Name) belonging to (Terminated Employee). Acceptance of these items by signature below releases (Company Name) of any responsibility of the items once removed from (Company Name). Any items left on the premises will be disposed of. Once any item is removed, no additional items can be claimed by (Terminated Employee) her Agent/Representative.”
