Labor Law/ Theft

[Adam Milfus]

What is the name of your state? California

Earlier this week my mom's client came in with someone from a non-government labor law consulting company and took his merchandise that he contracted my mom to do without paying. They came with 7-8 people. The guy from the consulting company harrassed her employees as if he were an actual labor commissioner.

They took the merchandise forcefully, as a result my mom has a bruise on her thigh and some on her hand and forearm. And her client hasn't contacted her yet about payment.

We tried to file a police report and are currently getting the run around from the detective. There is something very wrong here. What can I do about this?

I wasn't sure which topic to post this in so sorry if I posted this in the wrong place.

 

[CdwJava]

Earlier this week my mom's client came in with someone from a non-government labor law consulting company and took his merchandise that he contracted my mom to do without paying. They came with 7-8 people. The guy from the consulting company harrassed her employees as if he were an actual labor commissioner.

Precisely what was this merchandise? Who owned it? How did it get to your mom? What is it she was doing for this client?

What crime is your mom trying to report? Assault? Theft?

This is simply too vague to make a guess as to what happened.

- Carl

 

[Adam Milfus]

Precisely what was this merchandise? Who owned it? How did it get to your mom? What is it she was doing for this client?

What crime is your mom trying to report? Assault? Theft?

This is simply too vague to make a guess as to what happened.

- Carl

The merchandise was finished garments (clothing). My mom owns a sewing factory and her client contracted the sewing work to her. They took it without paying for the service. My mom doesn't know what to do. She tried filing a police report and they told her it was burglary, but they took it forcefully.

Let me make a example of what happened.

Lets say John gave 5 shirts to the dry cleaners. After a week he goes in the dry cleaners with 7 guys, with a non-government company and takes his shirts. The owner of the dry cleaners refuses and holds on to the merchandise, but John forcefully takes his shirts back without paying. In the process, one of John's entourage pushes the owner away and he/she is left with bruises. Note that the owner of the dry cleaners did nothing illegal.

What would this be classified as? And what can she do? If it was up to me I would go to her clients place of business with a pipe and get to work...

 

[CdwJava]

What do you mean, "She tried filing a police report and they told her it was burglary, but they took it forcefully"? So ... did the police take a burglary report?

What you describe would seem to be robbery (PC 211) or, at best, grand theft. If the police did NOT take the report, then something was not presented to them properly ... or there were other details that you are not privy to.

You say you are getting the run around from the detective ... it is NOT uncommon for the police not to share information with the victim. It is also not uncommon for investigations to take months. Unlike TV, even simple crimes can take many weeks to tie up.

Has your mother consulted a civil attorney for a lawsuit against the men that assaulted her?

- Carl

 

[garrula lingua]

That sounds like an "Estes" robbery, in CA - someone who hangs onto 'shoplifted' items and retains possession by force.

But ...Did these people provide the materials and were they 'repo'ing'/retrieving their own "mdse" ?

If so, then I wouldn't consider this criminal, just civil.

I believe small claims is now up to $7500. Your Mom can sue in small claims.

 

[Adam Milfus]

Well you guys keep leaving out that my mom was pushed and she was hurt.

I don't know what to do actually. The last time I spoke to the detective he said there is no case... But something is very wrong here. He said no go on the burglary but she can still file an assault report. They didn't pay my mom for the work she did!! They don't plan on paying either... They just brought the "labor" guy to scare her so they wouldn't have to pay for the work.

How is it possible they can do that? So I can go into the dry cleaners and take my clothes without paying and nothing would happen to me?

 

[CdwJava]

Well you guys keep leaving out that my mom was pushed and she was hurt.

This could be in dispute ... the other side of the story could say that she assaulted them. This sometimes results in no prosecution by the DA.

I don't know what to do actually. The last time I spoke to the detective he said there is no case... But something is very wrong here. He said no go on the burglary but she can still file an assault report.

Okay, then tell her to go for the assault report!

They didn't pay my mom for the work she did!! They don't plan on paying either... They just brought the "labor" guy to scare her so they wouldn't have to pay for the work.

Payment for work is a civil issue and not an issue for the police. If your mom had property that belonged to these folks, then it may also be part of a civil issue and not necessarily a criminal matter ... or it may fall into one of those fuzzy gay areas that cops hate so much.

Your mom can still sue them for breah of contract (unless SHE was in breach of the contract) for the work done.

And what's with this "labor" guy? WAS he someone from the Laboe Commission? Who was he and what was he there for?

How is it possible they can do that? So I can go into the dry cleaners and take my clothes without paying and nothing would happen to me?

Did they drop off dry cleaning?

When you drop off a car to be repaired or clothing to be cleaned, the business generally has a right to hold the item until paid. If these folks dropped off shirts to be mended or bolts of linen to be fashioned into clothing and this was not done, they have a stronger claim to their property back. If work was done (thus the value added and payment owed), then an allegation can likely be made for theft.

What was it they had dropped off? What was mom supposed to do that she apparently did not do? And what did they take back from her?

I have a feeling that there is some detail that is being left out of the equation. The cops are not just going to blow off a half dozen thugs beating up a woman and taking her property ... something just doesn't add up.

- Carl

 

[Adam Milfus]

This could be in dispute ... the other side of the story could say that she assaulted them. This sometimes results in no prosecution by the DA.

I get your point. But a lil old lady assaulting 7-8 guys?

And what's with this "labor" guy? WAS he someone from the Laboe Commission? Who was he and what was he there for?

The "labor" guy wasn't from the labor commision. He's from a independant labor consulting firm. He was obviously there to scare my mom into giving them the merchandise. The Detective told me that he was from the labor commision. But we called the supervisor from the labor commision and he doesn't work there. The detective was misinformed and he's not returning any of my calls and never at his office. The "labor" guy also went around my mom's factory and verbally harrassed her employees asking them how old they are, if they have papers, etc etc.

Did they drop off dry cleaning?

When you drop off a car to be repaired or clothing to be cleaned, the business generally has a right to hold the item until paid. If these folks dropped off shirts to be mended or bolts of linen to be fashioned into clothing and this was not done, they have a stronger claim to their property back. If work was done (thus the value added and payment owed), then an allegation can likely be made for theft.

What was it they had dropped off? What was mom supposed to do that she apparently did not do? And what did they take back from her?

She picked up unfinished clothing to be sewn. My mom finished the work and was keeping it until they paid her for her services. Then this whole ordeal happened.

I have a feeling that there is some detail that is being left out of the equation. The cops are not just going to blow off a half dozen thugs beating up a woman and taking her property ... something just doesn't add up.

- Carl

I have a feeling that the detective just doesn't want to deal with this case. I verified that the 'labor" guy wasn't from the labor commision. I agree with you that something doesn't add up and that is why my mom is soo mad right now. The company that contracted the sewing work to her obviously didn't want to pay for the service and used the "labor" guy to scare her. Isn't this just wrong? We're talking about a huuge company that is doing this to other sewing contracters as well.

I know it's not as a big deal, but it's kind of like OJ simpson getting off for murder. It's just disappointing to think that there can be nothing done about this.

 

[CdwJava]

I get your point. But a lil old lady assaulting 7-8 guys?

They may say she attacked one, and three of them detained her.

The other side may have a different take on the events. I have seen one little old lady attack (wqell, TRY to attack) 4 cops ... stuff happens.

The "labor" guy wasn't from the labor commision. He's from a independant labor consulting firm. He was obviously there to scare my mom into giving them the merchandise.

Not illegal unless he represented himself as a government official.

The "labor" guy also went around my mom's factory and verbally harrassed her employees asking them how old they are, if they have papers, etc etc.

Not necessarily unlawful. It COULD be if it could be shown that he had neither permission nor the legal authority to enter the premises.

But, you can't base whether he does or does not work for a government agency on a single phone call to one office. There are quite a number of government related labor offices that this guy could have worked for. It may well be that the detective has more information on that.

She picked up unfinished clothing to be sewn. My mom finished the work and was keeping it until they paid her for her services. Then this whole ordeal happened.

Then I am mystified as to why the crime has not been pursued. I can only suspect that something was said or done that has muddied the waters pretty thoroughly.

OR! The investigation is going forward and the case will eventually be filed. You did say something about a burglary report?

ALL because they are not talking to YOU (and they have no legal obligation to do so) does not mean that nothing is getting done.

I have a feeling that the detective just doesn't want to deal with this case. I verified that the 'labor" guy wasn't from the labor commision.

No, you may have verified the guy was not out of that one office of the Labor Commission .. that does not rule out any other state or local government agency that deals with labor issues. Instead of trying to show where he does NOT work, it needs to be shown where he DOES work.

I know it's not as a big deal, but it's kind of like OJ simpson getting off for murder. It's just disappointing to think that there can be nothing done about this.

She can sue them. She can also ask to speak to the detective, his supervisor, or a manager (Lieutenant, Captain, Commander, or whoever is high up on the food chain), and see what is happening.

NOTE: Unlike television where detectives can solve a case in an hour - or just a few days, the reality is that even apparently "open and shut" cases often take weeks to get written and processed, and more time to be evaluated by the DA and returned for additional follow-up. In reality, it could be months before anything is done. A lot depends on the workload of the officers involved and your local DA's office.

- Carl