Legal Question in Business Law in California

A former employer asking for company property

My former employee has sent a letter stating that he believes I have company files that need to be returned. I did not respond because I do not have any paper work he is looking for, then this week I received a letter from an attorney stating the same things that they think I have passwords, bank statements & sales receipts which I don't but that I need to return them. How should I respond since I do not have any of these items. What is the point of the attorney can they sue me thinking I have company property?


Asked on 5/24/09, 11:21 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: A former employer asking for company property

Of course they can sue you. Suppose you really did have these items and refused to return them. Why should the company just have to accept that? Even if the company turns out to be mistaken, if it has a good-faith belief that you have these items it can sue to get them back.

You may want to get a lawyer represent you before that happens. Many people in your position would have responded to the original letter by denying that they had these items. Your silence may have made it seem more likely that you really do have what they want -- and may have thus increased the likelihood that they will take you to court.

Good luck.

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Answered on 5/24/09, 11:29 pm
Arkady Itkin Law Office of Arkady Itkin

Re: A former employer asking for company property

If you don't have any company property, you shouldn't have a reason to worry. You should write a letter stating exactly that. No one likes to be ignored and ignoring your company lawyer's communication is not a good idea, as it suggests to them that you are trying to do something improper. Otherwise, why would you not reply.

Thanks,

Arkady Itkin

San Francisco Employment Lawyer

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 5/25/09, 12:12 am


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