Spiteful co-workers tossed gift

[shallowgenepool]

What is the name of your state? California, Land of the Fruits and Nuts.

Hey there Folks, just asking a question to you all. I recently sent a gift to someone at their business address. Thinking to myself “this way I know they will get it and it will not be stolen from their front door of their house.” Low and behold it has come up missing after it was picked up from the post office. Now yes it is a gift, but it was directed to a personal name at the business address, apparently the business has the right to read the mail…I don’t have a problem with that, yet I do have a problem with them possibly just throw away the item if they deem it personal in nature, especially when there is clearly personal items being sent to this address on a daily occurrence. Hypothetically speaking does the company have the right to screen selected items, send those though and trash the rest? If this is the case is there anything I can do in order to get compensation for the cost of the item? Is there anyway in which me as a private citizen can see about how the company handles the mail? Because someone should be held accountable for the item if it was just thrown away as being deemed personal without notifying me the sender. Thank you for the time.

 

[CheeseBlotto]

Mail sent to a business is the property of the business to do with what they see fit.

 

[CdwJava]

You can try to a small claims action against them ... well, actually, the proper plaintiff would likely be the person who was to receive the item.

Have you talked to the recipient? What does the recipient have to say? Did THEY give permission to toss it? Did they inquire to their employer about the item?

Depending on the value of the item the intended recipient might consider a small claims action against the employer. I would think it's a pretty weak case as they are receiving personal items at work ... nonetheless, they just might prevail. But, they might be unemployed shortly after prevailing.

- Carl

 

[stephenk]

What was the gift?

 

[shallowgenepool]

What was the gift?

lol...it was a beveled glass nameplate for my girlfriend that said of all things "Future Attorney At Law" she enters law school next year. Ironic huh?

 

[stephenk]

How do you know a co-worker threw the gift away as opposed to the gift just being misplaced?

 

[fairisfair]

And, How do you know it was ever delivered?? Did you send it certified? did you insure the package?

 

[shallowgenepool]

And, How do you know it was ever delivered?? Did you send it certified? did you insure the package?

The company the item was bought from does not offer certified shipment or insurance on the item or I'd have bought it. The package left the shipping facilities of the company on May 25th VIA FedEx Smart Ship, it was then delivered to the USPS where it was sent ground shipment to a United Stated Post Office Main Branch it was then placed into the destinations P.O.Box at that Post office. A worker for my girlfriends company picks up the mail at the Post Office and signs for the bundle, this co-worker of hers always picks up the mail, it is his standard daily duty. The package arrived at the United States Post Office on the June 3rd, a Saturday and was picked up by the standard pickup person on the 5th which was Monday. While the business is large, it isn’t that large where an item that is in a box approximately 6” x 8” x 4-5” tall will just be misplaced, the company deals with small packages as well as larger packages on a daily basis being it is an automotive dealership and there are parts returned to them regularly. So the package disappeared after it left the Postal Office on the 5th of June. Apparently what happens after the package gets to the dealer is it rotates though four different peoples possession before it finally arrives at the person’s desk…if at all. First the car porter sorts it after he or she has picked it up from the Postal Office. Then the receptionist sorts it where they apparently can open any and all mail as they see fit, if they deem it of business nature it then gets sent to the overall store and business manager of the company where again it gets looked at again sorted. From here it goes down to the office manager, where they then see fit if the recipient should have the package. The kicker of the deal is this: I don’t mind a company saying “Hey we do not allow personal business to be conducted here”, fine. Not a problem yet I do not understand how a company can dictate or set a standard of Joe can have 3 pieces of personal mail a week. John can have 15 pieces and Mary Lou can have none. That’s not right. Either you should allow all mail to go through or none at all, nothing based on the whim of a person, who is a paid employee and can have a personal grudge as well a personal bias towards someone or another especially if there are standards and procedures to follow. This was my personal property until the item was in the possession of the recipient. The Fourth Amendment of the United States Constitution, which guarantees that "the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated," has been extended by the U.S. Supreme Court to protect public employees against searches and seizures of themselves and/or their property. This ruling has been adopted apparently by nine states in the United States of America with regards to private companies. California being one of the nine states. While the employer is not required to have a warrant or probable cause. The employer need only have a justifiable reason related to the nature of employment, such as an interest in promoting efficient operation of the workplace. Now I don’t personally think that a name plate for a desk is going to run amuck the efficiency of the operation of the workplace. Who knows, I could be wrong, but I am going to hold onto the belief that not only she was wronged. I was too; as I am out money for an item I purchased and sent. Simply because the business “may” have the apparent right to substandard of business ethics, switch the roll and the business would sue on grounds of property violation and lose of property. Yet they can treat the people who make them profitable with total disregards. Some laws amaze me.

 

[fairisfair]

how do you know that particular package was in the "bundle" picked up from the post office?

Anyway, buy another one, send it to her house, and insure it.

 

[CdwJava]

Actually, it ceased to be your property once it was picked up by a designated representative of the recipient.

You have no proof that anyone threw it away. You also have no proof that it did not get lost or stolen.

Has your girlfriend filed a complaint with her employer over the matter? You haven't seemed to mention HER feelings on this at all.

- Carl