Legal Question in Employment Law in California

Retrieval of personal belongings after employment is terminated

My tools and some personal belongings were left in the company car. I called the company about getting them back and was told that there was a ''ding'' in the car and could not get my things until I paid for the damage. I asked for proof that I did the damage and was told that no one else could have done it.I'm positive that I could not have been the cause of the ''ding''. The company is unwilling to meet with me on settling this matter and I need my tools for my job.


Asked on 3/03/04, 8:59 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Retrieval of personal belongings after employment is terminated

Employers are not allowed to charge employees for damage unless it was intentional or grossly negligent. They are not allowed to withhold pay or personal property for any reason. Your best bet is to go to the Labor Commissioner and ask for their help asap. They may be able to make one phone call and solve your problem. You could hire an attorney to get involved and do the same thing, if you can't get the help of the Labor Commissioner. Contact me if interested.

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Answered on 3/08/04, 3:21 pm


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