Legal Question in Real Estate Law in California
As an employer can I sue a former employee for taking a company cell phone without permission and using it? This employee kept the phone from May (when she went out on maternity leave) until April the following year.
2 Answers from Attorneys
Sure. And you can call the police.
Sure. And you will explain to the judge how, exactly, that you are suing for something you could have put a stop to at any time just by cancelling the service and asking for the phone back? And of course you'll have a clear employee manual provision or other written policy that when employees are on leave they must turn in cell phones and/or not use them, right? It's right next to the clearly written policy that says employees must reimbuse the company for personal calls on company cell phones, right?
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