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Any advice would be much appreciated

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RXENERGY

Junior Member
What is the name of your state? CA

Hi, I have an ex-employee who refused to return his work uniforms for the past 6 months. After constant nagging and nagging, I finally filed a small claims lawsuit because I am out $500. My trial is set for early next week. And he decided to send the uniforms via certified mail. Now since he returned the uniforms, am I still able to move forward with the small claims case since I am out $500? The uniforms cannot be returned to the subcontracted company. So do I have to eat it up, keep the uniforms that was fitted for him, and drop the lawsuit?

Any advice would be much appreciated.

Thank you.
 


If you have documented evidence from the uniform company that they can not be returned (but could have been returned had they been promptly returned by the ex-employee) you can prove that you have been damaged, even with the returned uniforms.

In other words, as long as you are still damaged by the failure to timely return the uniforms, and can prove it, you have a case.
 

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