Legal Question in Civil Litigation in California

Personal property in the workplace post termination

I was terminated by my company and given the afternoon to empty out my office. My office contained all of my own furniture (desk, credenza and chairs). I was able to pack all of my books and boxable personal items, but was not able to move any of my furniture. The company was well aware that I had my own furniture. When I was able to return with a truck and some help, the cushion from my armchair had been stolen or misplaced. This event clearly occurred after I was instructed to vacate the building. The chair was 7 years old and cost $1,000 new. The pattern is discontinued and the chair and ottoman cost $1,000 to reupholster. I am asking the Company to reimburse me for 50% of the cost. They have refused. I am considering going to small claims court. Thus my question. Does my company have some responsibilty for the damage to my furniture in this situation? and does the age of the chair affect the amount of the claim?

Thank you


Asked on 3/02/02, 2:02 am

2 Answers from Attorneys
Mona Montgomery Mona Montgomery, Attorney at law

Re: Personal property in the workplace post termination

I don't think you have a good case. How can you prove that the company was responsible for whoever stole the cushion? The employer is not responsible for crimes committed by their employees. You could say that the employer had a duty to lock the door until you retrieved your property but I have never known a company to do that. Mostly offices are kept unlocked, everyone has access to everything and people are expected not to steal. I don't think it's the employers responsibility. If you can find out who took the cushion that would be different.

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Answered on 3/12/02, 2:07 am
Ken Koury Kenneth P. Koury, Esq.

Re: Personal property in the workplace post termination

i think you have a great case for small claims. sue for the full price but dont be surprised if the judge reduces it to the price of a used chair.

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Answered on 3/02/02, 2:16 am


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