Legal Question in Business Law in Texas

Theft

An employee of mine took a video/camcorder from my office. I did not it was gone until I went use it. I asked the employee about and he said it ws in the office. I explained to him I could not find it and asked him to bring it back to the office the next following day if he did take it out of the office. After hanging up with me, he emailed me and said if I feel the video/camcorder is missing take it out of his check I again asked him to bring it back to the office. I asked him to bring the camcorder back no later than the next day. I received a call from him the next morning stating someone stole it. I told him he was fired and I will take the value of the video/camcorder out of his check. Is this legal to do? Can I take the value of the video/camcorder out of his check? Or just the amount I paid for it? Your help is very much appreciated. I don't know how long ago he took it. He and I are the only ones that work in the office and have a key.

Thank You

Ms. Kelly


Asked on 10/16/05, 5:57 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Theft

Taking the value out of his final pay may well get you crosswise with the Texas Workforce Commission. You are best off paying his final pay, writing (certified mail) demanding either the camcorder or the value, and then going after him in Small Claims for the value.

You have made a fair assumption, but it's only an assumption. Proving it up in court is the only way to make it a fact.

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Answered on 10/17/05, 10:00 am


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