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John
John, Employment Lawyer
Category: Employment Law
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Experience:  Exclusively practice labor and employment law.
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I was called into my managers office and was told i stole

Customer Question

i was called into my managers office and was told i stole from the company and she wanted me to sigh a statement that said so. I did not take money or property from the company and wanted to take the statement to a lawyer for advice. I was escorted off the property, and not allowed to collect my tools ( about $600 dollars worth) and told not to come back. I was not told i was fired, and that she could contact me in a couple of days. But the other employees told me she said i was fired. I do not know if i am terminated. How do i get my tools back.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today
The facts and circumstances imply that you have been terminated. You should file a claim for unemployment because you were terminated without cause. If they are not going to let you on the property< I'd suggest the following: 1) call the police and try to file a criminal complaint - I'm doubtful of this approach because most police will say this is a civil matter and tell you that you need to go to civil court and get a court order...but there is a chance to keep the peace that the police may assist you (especially if you are already on or around the property making a ruckus about the matter. 2) you may have to go to small claims court and file an action for replevin (repossession of wrongfully held personal property). The judge will then give you a civil judgment and writ that you can give to a court officer (either the sheriff or private officer) to go with you into the building and the employer cannot stop them. Also you could sue for damages for lost use of your tools - i.e. if you were hired for another job but couldn't start because no tools - the lost wage.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.
Customer: replied 1 year ago.
thank you for the advice. what about my tools, how should i go about getting them?
Customer: replied 1 year ago.
thank you for the advice. what about my tools, how should how do i go about getting them?
Expert:  John replied 1 year ago.
If they are not going to let you on the property to get your tools I'd suggest the following: 1) call the police and try to file a criminal complaint - I'm doubtful of this approach because most police will say this is a civil matter and tell you that you need to go to civil court and get a court order...but there is a chance to keep the peace that the police may assist you (especially if you are already on or around the property making a ruckus about the matter. 2) you may have to go to small claims court and file an action for replevin (repossession of wrongfully held personal property). The judge will then give you a civil judgment and writ that you can give to a court officer (either the sheriff or private officer) to go with you into the building and the employer cannot stop them. Also you could sue for damages for lost use of your tools - i.e. if you were hired for another job but couldn't start because no tools - the lost wage.
Read more: http://www.justanswer.com/employment-law/98n3j-called-managers-office-told-stole.html#ixzz3i8rn9SNz
Expert:  John replied 1 year ago.
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