items at your possession belonging to ex-employer (who is responsible)

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Wethepeople

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Jurisdiction
Texas
Hi everyone, I was unbale to find any threads/articles pertaining to this particular situation so all inputs are appreciated. This may further fall under Civil, Employment or Criminal Law so I apologize if it maybe misplaced.

My question is, If for instance you hold certain items that (debatably) belong to an ex-employer, were let go remotely, but prefer not to meet in person to exchange items after separation and were requested to provide these items back, what are reasonable means of exchanging materials short of meeting in person and who is responsible?

I'm currently in a similar situation, there are many complicated angles which I will not go into for the sake of keeping the thread short (legal threats, wage claims, withholding pay, disrespectful exchanges, displays of dishonesty...etc.) which led me to decide not to meet with this individual in person or have this individual come to my residence, but instead requested for a shipping box and label, or third party pickup.

At first, I was told this "would not happen" and I would not receive payment until items were delivered. After some exchanges, I received a box along with partial payment but no label. Later, I was told the label was sent in an email that I had not received, then again later I was told they attempted to arrange postal pickup but that the courier would not come to my door and whether I was able to leave items at the leasing center!? Lastly, I was told I would receive a text from a third party with advance notice of a 2 hour window in order to leave items out for pickup. Later that day I received a call without notice supposedly attempting to pickup while I was away. After which I received criminal Threats, ultimatums and was later contacted by an investigator regarding alleged theft claims.

I will not go into how the items were allocated as this maybe a separate issue and a civil claim, regardless of who the items belong to, I intend on sending the items back (for the time being). My question is whether it is the employees responsibility to deliver these items (if for the sake of this example we consider the items the employers for property). Would the responsibility of collecting such property fall on the employer or the employee, and if this is the employers responsibility, whether the one, announced pickup attempt can exempt him from future arrangements and whether the employee can face potential theft charges if the items are never exchanged as a result.

Lastly, how long before (if ever) this property is considered abandoned if no future attempts to are made. Am I required to continue further communicating/notifying this individual regarding items at my possession if in fact he is already aware of means to collect said items but appears to leverage such property as a tool to retaliate again my wage claim with criminal threats? is this ultimately a civil or a criminal matter if in fact the items are considered his.
 
was later contacted by an investigator regarding alleged theft claims.

That, in itself, should be clear warning to you that you are in the wrong here. This pissing contest between you and your ex-employer may end badly and expensively for you with a lawsuit and/or criminal prosecution.

appears to leverage such property as a tool to retaliate again my wage claim with criminal threats?

Jeez, no, he's not making threats because of your wage claim, he's making threats because you are holding his property hostage.

Stop being stupid. Box up his stuff. Make a video of you loading the box and sealing it. Take it to UPS and have it shipped to him. UPS will make a label for you. Email him the tracking number. You already have some money for the shipping. If you have to eat the rest, so be it.

That takes you out of the wrong and into the right.

Any claims you have against your ex-employer you handle in the proper manner.
 
Lastly, how long before (if ever) this property is considered abandoned if no future attempts to are made. Am I required to continue further communicating/notifying this individual regarding items at my possession if in fact he is already aware of means to collect said items but appears to leverage such property as a tool to retaliate again my wage claim with criminal threats? is this ultimately a civil or a criminal matter if in fact the items are considered his.

Here is the whole truth about this issue... Your unwillingness to return these items. You are wanting to be a butthole in this issue. Make life easier for yourself and just return the items. If the owner decides he has had enough of you playing games, he could file a small claims action against you. You will lose because you have clearly stated the items are his. You will be required to pay the filing fee for the court action. The judgement could show up on your credit report as well. Why play games? Make your life simple.
 
That, in itself, should be clear warning to you that you are in the wrong here. This pissing contest between you and your ex-employer may end badly and expensively for you with a lawsuit and/or criminal prosecution.



Jeez, no, he's not making threats because of your wage claim, he's making threats because you are holding his property hostage.

Stop being stupid. Box up his stuff. Make a video of you loading the box and sealing it. Take it to UPS and have it shipped to him. UPS will make a label for you. Email him the tracking number. You already have some money for the shipping. If you have to eat the rest, so be it.

That takes you out of the wrong and into the right.

Any claims you have against your ex-employer you handle in the proper manner.


I agree, for the record I was not given any money for shipping, and have attempted to take the proper measures to return items multiple times, It does seem like a retaliatory measure as everything I mentioned above is accurate, there has been a misstep every time the owner supposedly attempted pickup which seem deliberate, regardless, I have taken your advice to once again reached out to arrange delivery. I was only contacted for a preliminary investigation, Although you are all correct, it is a pissing contest which isn't worth my time personally. However, for the sake of this thread, I cannot see how the responsibility lies on the employee if he has made reasonable means available, this would not be the case in any other instance such as leaving property behind with a friend, after moving out, or having a vehicle abandoned/impounded) It is always solely the owners responsibility to arrange pickup and even pay for storage fees..etc. and whether the employee can afford it is irrelevant, so can't see how this is the one exception to the rule.
 
You're obviously not going to take my advice and ship it back so do what you want and don't come crying here if it escalates to a lawsuit or criminal prosecution.
 
I agree, for the record I was not given any money for shipping, and have attempted to take the proper measures to return items multiple times, It does seem like a retaliatory measure as everything I mentioned above is accurate, there has been a misstep every time the owner supposedly attempted pickup which seem deliberate, regardless, I have taken your advice to once again reached out to arrange delivery. I was only contacted for a preliminary investigation, Although you are all correct, it is a pissing contest which isn't worth my time personally. However, for the sake of this thread, I cannot see how the responsibility lies on the employee if he has made reasonable means available, this would not be the case in any other instance such as leaving property behind with a friend, after moving out, or having a vehicle abandoned/impounded) It is always solely the owners responsibility to arrange pickup and even pay for storage fees..etc. and whether the employee can afford it is irrelevant, so can't see how this is the one exception to the rule.
How far is the employer from you?
 
You're obviously not going to take my advice and ship it back so do what you want and don't come crying here if it escalates to a lawsuit or criminal prosecution.

Not sure how I feel about it, but Items were sent back, simply out of self interest and to avoid headache as new job is starting monday, so I did take your advice, but you're still you're unable to address the legality of the matter. The question was simple, I would've loved to go the entire distance just to have the court decide on the matter and could care less about filing fees, penalties...etc if time allowed, despite what any one individual might think, since one party potentially stands to benefit if the property is abandoned, it's easy to assume it is deliberately not made available for pickup/delivery with no information available to you, fyi the owner still arranged the pickup and admitted his personal courier had not notified me off pickup the first time around since I wouldn't have spent a dime short of delivering the items to the police station if they were willing able accept his package, they're empty legal threats and would've loved to see if the DA would consider charges if it ever came to that and how they would prove criminal intent given my documented proofs of attempts to make pickup or delivery possible. Texas is definitely looser with Employment Laws. (But the question still lies on who's responsibly it was to pickup) all I can tell you is I didn't spend a penny minus of some time spent dealing with the b.s put up by the employer.
 
There's a lot of bravado in there. But if the police put you in handcuffs and your lawyer wants a $10,000 retainer you'd probably be singing a different turn.

However, I'll try to answer your question this way. The items weren't yours, you had no business keeping them. Period.

"Conversion" is a crime and a tort (civil wrong). See:

Criminal Conversion – Conversion

You might think they don't apply to your situation, but you'd be explaining that to a judge and jury at great cost to yourself even if you did manage to win.
 
There's a lot of bravado in there. But if the police put you in handcuffs and your lawyer wants a $10,000 retainer you'd probably be singing a different turn.

However, I'll try to answer your question this way. The items weren't yours, you had no business keeping them. Period.

"Conversion" is a crime and a tort (civil wrong). See:

Criminal Conversion – Conversion

You might think they don't apply to your situation, but you'd be explaining that to a judge and jury at great cost to yourself even if you did manage to win.

FYI, the items were mine, and I didn't keep them, I was at home and let go on the phone, they were never picked up. (Very different), but I agree it could go either way which is why i sent it back and not worth my time. If the police did put me in handcuffs I may indeed be signing a different turn, as that would cause a lot of pain and suffering but that wouldn't make their actions legal or justified.
 
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