Legal Question in Business Law in California

Employment/Personal Property

My last employer had her lawyer send me a cease and desist letter because she thinks I am violating her non-compete clause, which I am not. I responded by letter to the lawyer that her claims were libelous & unfounded but more importantly, while under her employ, I had installed, at my own expense, a $400.00 keyboard drawer to my desk, which we both agreed I would remove with me if I ever left the company. I have a documented receipt that I paid for this item with my personal credit card. In my letter to her lawyer I requested that within one week they respond with a date and time that I could uninstall & retrieve my property. They have ignored this letter for 2 weeks. How do I safely and legally retrieve my property without barging into her office where I am now banned? The woman is hostile. Should I report this propterty as stolen to the police?, Or what kind of follow up letter do I now send to her lawyer? Thank you.


Asked on 5/05/07, 1:06 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Employment/Personal Property

First, almost all non-compete clauses in employment agreements are completely void in California. I suggest you locate and read Business and Professions Code section 16600 and maybe also sections 16601 and 16602 to get a more complete picture. Then quote from 16600 to the lawyer.

As to the drawer, you can sue in small claims for the tort called "conversion" which is the civil equivalent of the crime of theft and is sort of an aggravated form of trespass to chattels. Civil Code section 3336 describes the damages available for conversion. Just mentioning the likelihood of a small-claims suit might get your property returned.

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Answered on 5/05/07, 2:29 pm


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