Legal Question in Criminal Law in California

I own a used furniture store. An employee of mine sold furniture to a customer for about $1,000. The customer also wanted to buy a desk mat but my employee said it would be no charge and just gave it to him. The mat is probably priced at $100.00, but there was no official price.

After a few day's i noticed the desk mat was gone and i told my employee that the desk mat specifically is part of another desk, as it was custom made for the desk. She didn't know.

I told her that she could not come back to work until she gets the customer to return the desk mat. It seems like the customer no longer has the desk mat in his possession as he has stated that he sold it to a friend of his.

I want to know if I have any rights to prosecute the customer or bring a suit against him?

I look forward to your reply. Thank you.


Asked on 9/11/12, 9:40 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Nope. The customer didn't do anything wrong. As far as I can tell, he never intended to do anything wrong. He asked for the desk mat, your store gave him the mat, and it became his. You would still have the mat if your employee had said no, but it's not the customer's fault that she said yes instead.

I'm afraid the employee's mistake is your problem and not the customer's. The mat was his, and he had every right to sell it. Even if he still had it he would not have to give it back to you.

You should be careful about how you deal with your employee. Firing her because a customer sold his own property could get you sued for wrongful termination. And you might very well lose that lawsuit.

Read more
Answered on 9/11/12, 10:04 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

although this is a civil issue not a criminal one, still I think "we" all feel confident saying there is definitely no case against the customer. Good luck!

Read more
Answered on 9/11/12, 10:50 pm
Anthony Roach Law Office of Anthony A. Roach

No. As Ms. Hofmeister points out, this is a civil matter. You have to be careful how you handle the employee, and you may not be able to deduct the amount from their pay unless you can show that the mat was given intentionally by your employee.

Read more
Answered on 9/12/12, 4:19 pm


Related Questions & Answers

More Criminal Law questions and answers in California