Legal Question in Medical Leave in California

Disability

I am on disability and my company that I have been working for, for over 15 years is preventing me from picking up my personal items and logging into my computer and retreiving my personal information?

I will be terminated on November 1st and they are not allowing me to get my personal items but was told that they would collect it and ship it out to me? Is that legal?

Rima


Asked on 10/30/07, 10:06 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Disability

The employer does not have to allow you on private property but they do have to return your personal property. If they are going to ship it to you, what is the problem? If it is not returned, file a small claims case against them for conversion of property.

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Answered on 10/31/07, 12:48 pm
Terry A. Nelson Nelson & Lawless

Re: Disability

Since you mentioned nothing about making a claim on the employer for anything related to your disability and termination, I'll assume there is none. That being said, once terminated, you have no right to enter or use or keep company property. You never had a right to keep personal info on company computers or use them for personal purposes, so you need to work out a deal with them if you can to retrieve it. As long as they ship you the personal property, you have no complaint. If you need legal help in working this out, feel free to contact me.

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Answered on 10/31/07, 3:25 pm


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