Legal Question in Employment Law in California
When does possession of someone elses property become theft? We had an employee who regularly removed and maintained in his possession company property (computer files). We believe he did this as his performance was sub par and he felt that he could hold us hostage if he were terminated. When we discovered that he was taking home our files, we asked that he return them. He refused and threatened to delete all the information he had. After numerous phone calls, he relented and returned the information (3 days later).
3 Answers from Attorneys
It sounds like you got your stuff back. Now, I would take proper precautions to reduce likelihood of things like this happening again.
Best,
Daniel Bakondi Esq.
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
Daniel Bakondi, Esq. [email protected] 415-450-0424
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
San Francisco Lawyer
When? Immediately upon notice from you. This is someone that now could be immediately terminated for misconduct, now that you got your files back. Improve your security.
You have a cause of action for tresspass of chattel for which you may be renumerated for any damages that may have accrued. Contact me directly.