Disgruntled employee
Discussion
allergictocheese said:
She was given the car. Note- that precludes dishonest appropriation (theft) and taking without consent.
You are forgetting the fact that the car was given for a specific purpose (read specific performance), at the point that the specific performance is no longer valid, she has technically taken the car without consent (as its no longer valid). It is not a GIFT which is what you are technically implying, it is a company owned, insured and maintained vehicle, and at no point is ownership transferred to her - she has temporary rights over the vehicle while the OPs company allowed her to have the car, but the moment her contract of employment ended, and she refused to give the car back she has technically committed the offence. Doesn't matter whether she's driving or not (although would help in the OPs favour if she was caught driving it) as she has unlawful possession of a vehicle that she was asked to return. Add the fact in that the OP has rang the police etc this just adds against her case.
An update would be appreciated OP, also if all goods are recovered and iPad/iphone unlocked will you be seeking to press charges with the police? Or just allow her to bugger off/get a slap on the wrists?
She is a very silly woman if she thinks that she can get away with it, if it goes further I would check with your solicitor on what you should be doing to protect yourself from the thieving cow.
The Police are still making enquiries. They will catch up with her eventually I'm sure. Problem is that the car is probably parked in a garage or off road so they can't identify it normally. All of this is costing my business money as its a lease car, wasted time for us and for the Police. I wonder what will happen to her, will she just be given a caution. I hope not.
She continues to use the company iphone as we have been monitoring her activity. I decided not to block it as its our only possible way of contacting her and the calls she is making fall within the free calls within the contract. It just bugs me that she is using our phone still 23 days after she finished working for us.
She continues to use the company iphone as we have been monitoring her activity. I decided not to block it as its our only possible way of contacting her and the calls she is making fall within the free calls within the contract. It just bugs me that she is using our phone still 23 days after she finished working for us.
Edited by Jonny TVR on Monday 27th April 15:53
Dr Interceptor said:
Surely if they have her phone details, and she's still using it, they can find her location almost instantly?
Or is it a case of 'could' find her location instantly...
You would have thought so .. not sure how it works but have given them all her details and told them that she is still using the phone Or is it a case of 'could' find her location instantly...
Davel said:
Should you inform the leasing company that the car is now being driven by an ex-employee and without permission - and so therefore may not be insured.
done this
Have you spoken to your insurers?
done this
May not be relevant but just asking?
I assume that it doesn't have Tracker fitted.
nodone this
Have you spoken to your insurers?
done this
May not be relevant but just asking?
I assume that it doesn't have Tracker fitted.
If she's still using her phone and still unemployed, could a cough "recruiter" cough arrange a meeting with her at a site she would need to drive to e.g. a nice hotel on edge of town say to meet for a coffee to discuss career opportunites. You'll then know exactly where she's going to be.
Jonny TVR said:
Davel said:
Should you inform the leasing company that the car is now being driven by an ex-employee and without permission - and so therefore may not be insured.
done this
Have you spoken to your insurers?
done this
May not be relevant but just asking?
I assume that it doesn't have Tracker fitted.
nodone this
Have you spoken to your insurers?
done this
May not be relevant but just asking?
I assume that it doesn't have Tracker fitted.
Jonny TVR said:
If nothing happens in the next week I think I may have to
At the moment you don't have leverage.She's thinking, she'll get a new job, get a new car and phone then at some time in the future and just hand everything back (if you are still hassling her) in her own sweet time.
That costs her nothing. However, if you were leasing those items to her, then every day she has the use of a car, phone, and iPad costs her money.
So, send her a letter to the iPhone, telling here that the lease of the car, phone and iPad from the end of the week is £150 per week. Send it by letter to her last address too. Most people have a redirection.
Then she'll realise that her plan will rack herself up a bill.
Then, you can sue her for it.
Her only defence will be claiming she didn't see the letter, but then she'd have to explain to the court why on earth she was still keeping the car and stuff otherwise! The counter to that defence would be that in any case it's breach of her contract of employment in any case, and you can sue for losses.
If the debt's over £600, then the High Court Bailiffs will find her and take her stuff.
If it were me, and she was taking the piss in this way I would have no qualms against doing the above, and following through.
JustinP1 said:
At the moment you don't have leverage.
She's thinking, she'll get a new job, get a new car and phone then at some time in the future and just hand everything back (if you are still hassling her) in her own sweet time.
That costs her nothing. However, if you were leasing those items to her, then every day she has the use of a car, phone, and iPad costs her money.
So, send her a letter to the iPhone, telling here that the lease of the car, phone and iPad from the end of the week is £150 per week. Send it by letter to her last address too. Most people have a redirection.
Then she'll realise that her plan will rack herself up a bill.
Then, you can sue her for it.
Her only defence will be claiming she didn't see the letter, but then she'd have to explain to the court why on earth she was still keeping the car and stuff otherwise! The counter to that defence would be that in any case it's breach of her contract of employment in any case, and you can sue for losses.
If the debt's over £600, then the High Court Bailiffs will find her and take her stuff.
If it were me, and she was taking the piss in this way I would have no qualms against doing the above, and following through.
Not sure this would work in this caseShe's thinking, she'll get a new job, get a new car and phone then at some time in the future and just hand everything back (if you are still hassling her) in her own sweet time.
That costs her nothing. However, if you were leasing those items to her, then every day she has the use of a car, phone, and iPad costs her money.
So, send her a letter to the iPhone, telling here that the lease of the car, phone and iPad from the end of the week is £150 per week. Send it by letter to her last address too. Most people have a redirection.
Then she'll realise that her plan will rack herself up a bill.
Then, you can sue her for it.
Her only defence will be claiming she didn't see the letter, but then she'd have to explain to the court why on earth she was still keeping the car and stuff otherwise! The counter to that defence would be that in any case it's breach of her contract of employment in any case, and you can sue for losses.
If the debt's over £600, then the High Court Bailiffs will find her and take her stuff.
If it were me, and she was taking the piss in this way I would have no qualms against doing the above, and following through.
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