How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88711
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Ive been suspended from work pending further investigation

Resolved Question:

I've been suspended from work pending further investigation regarding a 'stolen' laptop. I took the laptop home at lunch in June hoping to use it for work (don't need it for personal use; already have one). In order to connect to my company's information properly, one must log in from the company network for the first time. I brought it back to the office after lunch (the same day), never got around to setting it up properly, and stored it in a cabinet where other laptops are stored. Never did any work on it or anything at all, and never had it at home more than the lunch hour. It was reported as stolen about 6 weeks later. I asked the IT guy if he'd checked the cabinet where I put the laptop, he said yes, I assumed it was another one entirely. About 2 weeks ago the IT guy discovered the laptop in the cabinet, logged in, and saw my home wireless network as having been connected. I was sent home on suspension and told HR would call me after further investigation. I was asked to e-mail my report of what happened and I did. Should I expect to be terminated? Prosecuted?
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

As far as prosecuted, they would have to prove you did not return the laptop to the storage where it belongs. They would have to prove beyond a reasonable doubt that you never returned it and if you put it in the cabinet then the chances of them claiming 6 weeks later it was missing amounting to enough evidence against you would be slim to none.

If you followed company procedures with the laptop and checking it out, then you should not be terminated for good cause for this either, since they did not discover it missing for 6 weeks and anyone could have taken it in that time. AS employment in AZ is at will, meaning the employer could terminate you for no good cause, they could still terminate you, but they would be hard pressed to prove good cause of you taking the laptop because of the time frame between when you borrowed and returned it and the time it ended up missing means there is no way to connect you to it being missing.




I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 9 months ago.

Sorry...wasn't too clear on things...I did NOT request permission to use the laptop. It was in a storage closet so I knew it didn't have 'engineer' configuration. That's why I took it---I didn't want to use one with information the other associates would need. I wanted one solely for the purpose of working on presentations and expense reports. I purposely took this laptop because I knew it hadn't been configured. All I did was bring it home and activate Windows, then realized I couldn't access my work information or log in to the network without doing so from the office first. So I brought it back but never got around to doing that as I went on vacation about a week later. So it wouldn't be confused with the other engineer 'loaner' laptops kept in a cabinet by my desk (for which I was responsible), I stored it in another cabinet where other laptops are often stored for use during conferences or when visitors need. My mistake was in taking the asset home, but since I returned it the same day, without having used it for anything, and it wasn't missed or even noticed, am I still likely to be terminated?


 

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

It is quit possible that you can be still terminated if you took this laptop without permission or in violation of company policy. However, if you did return it and because it took them 6 weeks to find it was missing, they would likely not be able to prove you actually stole it, but merely violated a company rule which could still be cause for termination.
Customer: replied 9 months ago.

I'm supposed to hear from HR tomorrow (Monday) with further instructions or an update on my suspension. Do you have any suggestions on how I should handle this? I'll still have to return to the office as my personal articles are still there. I still have my ID security badges. I have other company property (not real assets but table cloths and dish rags I took home to launder which is not unusual) and have e-mailed my manager with the list. None of these things have real value but I've let him know so I don't add to any problems. Have you ever heard of anyone returning to work after something like this?

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.

Whether or not they return you to work depends on circumstances. Yes, I have heard of people returning to work after the company investigates and cannot prove someone took something. It sounds like they cannot prove that you took and kept this laptop, just that you may have taken it without permission and did not return it properly to the right place, which is a rule violation. You need to just impress on them that you did not steal anything and that it was returned and you have no idea what happened to it in the 6 weeks from when you returned it. That is really the best you can do with the employer.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88711
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 4 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.