Employee stole tools...

[bryanad86]

Im a contractor, last july i had my super leave the job, and take about 5k in tools with him. i take very very good care of my guys, i got him legal status in the country, paid for his truck, and he was making enough to purchase a home in LA.. so anyways, he wouldnt return my tools, still hasnt, he wants me to pay him for 13 days of work in order to get my tools back, cash, and meeting in a parking lot. i filed a police report, and even tho he told the detective he has my tools, this being LA they decided it was a civil case. so now that i told him im going to sue, lien his home and everything he owns he is willing to bring the tools to my place of business in exchange for 2 thousand dollars. my question is that once he drives onto my property... cant i just take my tools back, block him in and call the cops, what are my options.

This is Los Angeles, CA

 

[Zigner]

Im a contractor, last july i had my super leave the job, and take about 5k in tools with him. i take very very good care of my guys, i got him legal status in the country, paid for his truck, and he was making enough to purchase a home in LA.. so anyways, he wouldnt return my tools, still hasnt, he wants me to pay him for 13 days of work in order to get my tools back, cash, and meeting in a parking lot. i filed a police report, and even tho he told the detective he has my tools, this being LA they decided it was a civil case. so now that i told him im going to sue, lien his home and everything he owns he is willing to bring the tools to my place of business in exchange for 2 thousand dollars. my question is that once he drives onto my property... cant i just take my tools back, block him in and call the cops, what are my options.

This is Los Angeles, CA

No, you can't. Do it right.

 

[justalayman]

If you can take the tools without it becoming disorderly, sure take the tools


As to blocking him in? Why? Not only is it a crime that you could be charged for you've given no reason you would detain him. Calling the cops goes right along with that. They already told you they view it as a civil matter.

 

[bryanad86]

If you can take the tools without it becoming disorderly, sure take the tools


As to blocking him in? Why? Not only is it a crime that you could be charged for you've given no reason you would detain him. Calling the cops goes right along with that. They already told you they view it as a civil matter.

gotcha, i dont want to block him in or anything i just want my tools, my thinking was that if hes on my property, with my tools, and he decides not to unload them, then what?

 

[justalayman]

gotcha, i dont want to block him in or anything i just want my tools, my thinking was that if hes on my property, with my tools, and he decides not to unload them, then what?

You let him drive away. False imprisonement is a crime. The cops already said they see it as a civil matter. You don't get to commit a crime to right a civil matter.

 

[tranquility]

Self help is rarely the correct response in modern society.

 

[bryanad86]

i just dont understand how someone can steel tools and get away with it. i can sue but i get to spend thousands doing it, then what, i have a piece of paper saying he owes me money? great...

 

[commentator]

Do you owe him any money for work performed? Why would he request a specific number of days of pay if you have paid him as you were exactly supposed to? Is he like, holding your tools hostage to obtain back wages? I am hard pressed to see why the cops would say it was a civil matter if he just blatantly outright stole your tools.

 

[bryanad86]

yep, but not that much, he left before pay day and hasnt been back, he wouldnt give me his address, bank info for a deposit, he wanted me to bring cash to a parking lot... which i declined for obvious reasons. he actively tried to not get paid, because once he was paid, he had no reason to keep the tools.

so basicly my only option is to have him willingly give over the tools, or sue him in civil court. correct?

this all happened when he bought his house, i didnt get an updated address from him to mail check too.

 

[tranquility]

Do the hassle of going through the courts. Anything else, if not done precisely correct, gives rise to liability.

By your theory, get a gun and take what you think you deserve. (Don't do that. Just saying.)

 

[bryanad86]

that makes no sense, not my theory at all... he has my tools, my property... if hes brings them back in exchange for payment and i dont pay him, am i in the wrong?

 

[LdiJ]

that makes no sense, not my theory at all... he has my tools, my property... if hes brings them back in exchange for payment and i dont pay him, am i in the wrong?

You are in the wrong, legally speaking, if you do anything illegal in order to get the tools back from him. So far you have suggested that you are considering doing illegal things to get the tools out of his possession. That would be seriously foolish on your part.

It has been suggested that it would be far wiser for you to sue him in civil court for the return of the tools.

Of course it also appears that he believes that you owe him money as well, so there might be a counter suit in the making.

 

[commentator]

Pay him his wages. Whether you are a contractor or not, you must pay people who have performed work for you wages appropriate with federal Wage and Hour laws. Trying to punish him in any way by not paying him for the hours he has worked for you is not a good idea. Once that is taken care of, if he will not, at this point, return your tools, sue him then. You'll have a much better case.