Legal Question in Business Law in California
intentional tort
I am former worker company. I enter the property of company,claiming company owes me $1000 in back wage.argument ensue,manager order me off property.I refuse to leave,manager throw me off property.after I return property,kick down door overturn workable cracking it grab some tool will compensate me for company owe me.I run away, manager think me as thief.it can be initentional tort? if can be,why?
3 Answers from Attorneys
Re: intentional tort
I would be surprised if the company doesn't have you arrested. If that happens, contact a good attorney to defend the criminal charges. If they 'only' sue you, have your attorney quickly settle it with some negotiated payment.
Re: intentional tort
Intentional torts include assault, battery, trespass to land, trespass to personal property, and conversion. It's hard to figure out who did what from your facts, but I imagine I see examples of each intentional tort. False imprisonment (which I don't see here) is also an intentional tort; there may be others.
You entering the property might be trespass to land. The manager throwing you off the property might be assault and battery. You returning by kicking in the door would be trespass to land. Your kicking over the table would be trespass to personal property. You grabbing a tool and running off with it would be conversion.
Why? Because those acts are good examples of those torts. They are intentional because each of you intended to do what he did--it isn't necessary that you intended the consequences. For example, kicking over the table. If you intended that your foot come into sudden contact with the table, that's sufficient intent -- it is not necessary that you intended the table to fall over, much less that you intended it to crack. All that's necessary is that your foot movement was intentional.
Similarly, taking away personal property (such as a tool) with intent to deprive the other of possession and use is all the intent necessary to commit the intentional tort of conversion.
Re: intentional tort
Let's see. You trespassed on the business's property, you stole some of its tools, and you damaged the door and a worktable. Each of those acts is an intentional tort and the company can sue.
Even assuming that the company owes you the money you claim, your remedy is to sue it and not to steal items you think are worth what it owes you. You are not allowed to just take what you think you deserve. The reason we have laws and courts is to prevent people from taking matters into their own hands as you did here.
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