Terminated Employee still owes company equipment

[Dchui]

What is the name of your state? CA

I’m representing the employer.

We gave a two-week notice for an employee who didn’t pass the probation period. And since she broke her knee for the last few weeks of the employment, she couldn’t come for the last day of work to return all the company equipment and sign the paper work. Therefore, she requested to have the last check and reimbursement mailed to her home and she will return all the items upon receipt of the checks.

We had mailed the checks to her last week and she confirmed that she received them already, however, she still haven’t send us back the items. What action can we do if she intended not to ship us back the equipment and sign the document?

 

[Beth3]

Sue her.

Before you go to that exteme though, I suggest you send her a letter (or have your attorney do it) stating that unless she returns all company property in her possession by [reasonable date], the company will have no alternative but to pursue civil action against her for the monetary value of the property she has failed to return. That ought to get her attention.

If she still fails to return the property, then you might be able to handle this via small claims court with minimal expense and fuss if the value of the property is appropriate for that venue.

By the way - has anybody phoned her and asked her when she's planning on returning the items? It's possible that she intends to do so but is having trouble getting around with a busted knee. If she's local, you might offer to send someone over to collect it.

 

[Dchui]

Yes, we called her almost every day and left messages in her voice mail and also send her reminder emails. And got a reply from her this Monday that she said she will send us back the property on Tuesday. However, I didn't hear from her since then.

Regarding on her broken knee, she just said that she couldn't drive lone distance. It's about 1.5 hours drive from her home to our office.

Thanks.

 

[HomeGuru]

Yes, we called her almost every day and left messages in her voice mail and also send her reminder emails. And got a reply from her this Monday that she said she will send us back the property on Tuesday. However, I didn't hear from her since then.

Regarding on her broken knee, she just said that she couldn't drive lone distance. It's about 1.5 hours drive from her home to our office.

Thanks.

**A: then send someone to drive the lone distance and pick up the stuff as Beth3 suggested. Maybe you can send the lone ranger.