Legal Question in Employment Law in California

When does possession of someone elses property become theft? We had an employee who regularly removed and maintained in his possession company property (computer files). We believe he did this as his performance was sub par and he felt that he could hold us hostage if he were terminated. When we discovered that he was taking home our files, we asked that he return them. He refused and threatened to delete all the information he had. After numerous phone calls, he relented and returned the information (3 days later).


Asked on 2/23/10, 8:14 am

3 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

It sounds like you got your stuff back. Now, I would take proper precautions to reduce likelihood of things like this happening again.

Best,

Daniel Bakondi Esq.

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 2/28/10, 12:42 pm
Terry A. Nelson Nelson & Lawless

When? Immediately upon notice from you. This is someone that now could be immediately terminated for misconduct, now that you got your files back. Improve your security.

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Answered on 2/28/10, 2:16 pm
James Bame San Diego Law Office

You have a cause of action for tresspass of chattel for which you may be renumerated for any damages that may have accrued. Contact me directly.

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Answered on 3/02/10, 11:51 am


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