Disgruntled employee
Discussion
Jonny TVR said:
Sorry for the length of time to re-post as only concluded this yesterday. Basically the police spoke to her and she made up a story that we still owed her money which is why she has kept the car, phone, ipad. She has indicated where the car is and we can collect that but she said that she is keeping the phone and ipad until she get whats owed. This is complete rubbish but the police now consider it a civil case rather than criminal so if we want to get the ipad and phone back then we have to take legal action against her. Not very satisfactory at all!
I trust the police have evidence of the monies you "owe" her to make such a decision? If not, I'd be moving it up the chain a bit.
I'd also lodge a claim in the county court for the cost to replace the phone and Ipad.
Jasandjules said:
I trust the police have evidence of the monies you "owe" her to make such a decision? If not, I'd be moving it up the chain a bit.
Edited by bad company on Monday 11th May 14:17
Jonny TVR said:
I appreciate all your comments. It goes against the grain but I'm going to leave it and move on.
Fair enough not doing the CCJ stuff, as that is a PITA. Reporting that the two devices are stolen, using the existing crime reference number, should take five minutes, and means she has two expensive paperweights that Apple will not bring back to life without sight of the original receipts. Which you have.KFC said:
You could tell her to return one of them or you'll paperweight both of them.
Personally I wouldn't feel you owed her anything... I'd say the above then paperweight the one she held onto anyway
stunning the devices should be an option anyway if set up properly for corporate use Personally I wouldn't feel you owed her anything... I'd say the above then paperweight the one she held onto anyway
Jonny TVR said:
Sorry for the length of time to re-post as only concluded this yesterday. Basically the police spoke to her and she made up a story that we still owed her money which is why she has kept the car, phone, ipad. She has indicated where the car is and we can collect that but she said that she is keeping the phone and ipad until she get whats owed. This is complete rubbish but the police now consider it a civil case rather than criminal so if we want to get the ipad and phone back then we have to take legal action against her. Not very satisfactory at all!
The police are fobbing you off here. She can't just decide to keep company property (and she's acknowledged that it is your property here, which is nice) until you pay her some arbitrary sum. You will have to insist that the police take a theft report from you and investigate it. If your company does owe her money, then her route of redress is civil, she does not have any lien over your goods, and must return them. Your route of redress here is criminal - you have asked for the property back and she has failed to do so and intends to keep them.As others have said, report the IMEI's to the operator to get the devices barred.
Cyberprog said:
Jonny TVR said:
Sorry for the length of time to re-post as only concluded this yesterday. Basically the police spoke to her and she made up a story that we still owed her money which is why she has kept the car, phone, ipad. She has indicated where the car is and we can collect that but she said that she is keeping the phone and ipad until she get whats owed. This is complete rubbish but the police now consider it a civil case rather than criminal so if we want to get the ipad and phone back then we have to take legal action against her. Not very satisfactory at all!
The police are fobbing you off here. She can't just decide to keep company property (and she's acknowledged that it is your property here, which is nice) until you pay her some arbitrary sum. You will have to insist that the police take a theft report from you and investigate it. If your company does owe her money, then her route of redress is civil, she does not have any lien over your goods, and must return them. Your route of redress here is criminal - you have asked for the property back and she has failed to do so and intends to keep them.As others have said, report the IMEI's to the operator to get the devices barred.
where's the dishonesty and the intent to permeanently deprive ?
mph1977 said:
please revise your knowledge of the points to prove for theft
where's the dishonesty and the intent to permeanently deprive ?
The "he owes me money" claim is fraudulent and won't stand up to any scrutiny. where's the dishonesty and the intent to permeanently deprive ?
Surely when that comes to light it will be obvious there was an intent to be both dishonest and permanently deprive?
mph1977 said:
please revise your knowledge of the points to prove for theft
where's the dishonesty and the intent to permeanently deprive ?
When he asks for the items back and she refuses, she is then keeping hold of them and treating them as her own. The offence is complete.where's the dishonesty and the intent to permeanently deprive ?
Bad Company, I would just belts and braces to make sure that there is no lien that she has over the items etc no contractual terms and whatnot. i.e. no defence, thus theft.
mph1977 said:
please revise your knowledge of the points to prove for theft
where's the dishonesty and the intent to permeanently deprive ?
When she refuses to return the equipment and wants money to do so. There is no lien over the items to justify holding them, and the correct redress would be a civil action.where's the dishonesty and the intent to permeanently deprive ?
Jasandjules said:
When he asks for the items back and she refuses, she is then keeping hold of them and treating them as her own. The offence is complete.
Bad Company, I would just belts and braces to make sure that there is no lien that she has over the items etc no contractual terms and whatnot. i.e. no defence, thus theft.
That's my reading of it too.Bad Company, I would just belts and braces to make sure that there is no lien that she has over the items etc no contractual terms and whatnot. i.e. no defence, thus theft.
Obviously, it's the OP's choice, but if the woman's story of being owed money really is totally made up and there are zero grounds for her to think that, I'd go the civil route.
The cost is small at about £60 and the gain is comparatively large. The claim itself would be about three sentences long and would take 15 minutes to file.
The odds of her contesting the matter are slim. If she wants to put forward a counterclaim, that will cost her money, and again the odds are slim.
At very minimum, I'd Google the N1 form, fill it out, and send her a copy with a covering letter telling her that for security purposes both the iPad and iPhone are going to be bricked in 14 days, and if they are not returned the attached form is going to be filed at court.
Total effort, half an hour. And a stamp.
bad company said:
ReaperCushions said:
Maybe it's just me, but I'd be pursuing this with highest levels of escalation possible no matter the cost, purely and simply out of principle that people should not be able to get away with this kind of rubbish.
Yes, that's the way I ran my business.ReaperCushions said:
Maybe it's just me, but I'd be pursuing this with highest levels of escalation possible no matter the cost, purely and simply out of principle that people should not be able to get away with this kind of rubbish.
This, when other employees find out that if they refuse to give stuff back when they leave they get to keep it, it'll start to get very expensive. Nip it in the bud now.Gassing Station | Business | Top of Page | What's New | My Stuff