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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 33070
Experience:  Employment Law Expert
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A fired employee left personal items and tools in our shop,

Customer Question

A fired employee left personal items and tools in our shop, which is in California. It has been over 30 days and other than one returned text which he gave a tentative date to pick up the items we have not heard from him. We have texted, tried to call and sent a letter. Is the property abandoned? What is our next step? What rights does he have? What rights do we have?
Submitted: 1 year ago.
Category: Employment Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The law treats this the same way as for a tenant that has left behind property. Under CA law you must send a notice to the place the former employee is expected to receive it that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 15 days (18 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property.

The notice must also inform the former employee that unclaimed property of value will be sold at a public sale and property believed to be worth less than $300 will be kept, sold, or destroyed.

After the requisite time (15 or 18 days depending on if the notice is mailed) you can dispose of the property

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.