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What do I do now? Have I inadvertently committed extortion?

What do I do now...
What do I do now? Have I inadvertently committed extortion? I was terminated unjustly from my positon as therapist in nv at a healthcare clinic. They kept twenty five hundred dollars of my personal therapy equipment, which they said they would return to me. They returned a small part of it,but kept the rest under lock and key. I called and told them that unless they returned the rest of my property, I could file criminal charges for theft and that because of the amount, it was a felony. I told them that I preferred to do things peacefully, but that I would use the full extent of the law if necessary. An attorney in employment law said that if I threaten criminal prosecution, it was extortion. Is it? and they hav just called to offer me a return of the equipment tomorrow, Monday. If I received the property do I make matters wors?
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Answered in 3 minutes by:
11/3/2013
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,084
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It is not extortion for you to demand your property back and to threaten to take actions you have a legal right to take. They have no right to hold your equipment and if they refuse to do so you are correct that it is a theft and it can also be grounds to sue them for the civil tort of conversion and also replevin (return of your property).

It is NOT extortion and I disagree with the person who told you that if the employer is illegally holding your property and you are threatening to take an action you have a legal right to take. Furthermore, you are not demanding anything of value from the employer, you are demanding return of your own property.



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Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,084
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
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Customer reply replied 4 years ago

Oh thank God, picturing myself doing therapy in prison in orange jumpsuit. OMG. Thank you for relieving my mind. This outfit has broken many laws andI've worked for them for one and a half mongths. I am truing to protect myself and didn't think I was committing any crimes. They have lots of lawuers, had me sign a host of legal papers after enticing me from Colorado to nv. They hire therapists from all over the country and will not hire from nv, as I think they are getting well known for their practices. But their reputation for being avove the lawis expanding across country. A contract agency in fla saide that one of her employess worked at the same clinic and was told that the clinic practiced as if it were above the law.So, anyway, to get back my property, they pve offered for me to meet them at the storage facility. Should I get a police standby or ..should I just presume they are sincere. They person that called me a trut above al others at that facility.

Thank you for your response.

You cannot threaten to take action that is unlawful to coerce someone to act. This is your property that they have no right to hold your property. You should presume they are sincere for now the police will not show up to assist unless you believe there will be a disturbance of the peace in recovering your property. If you believe there will be a problem in recovering your property then you would be able to have the police come to assist.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,084
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Thank you again. The good news...I have my property back.

Thank you. That is GREAT NEWS!!!! I am glad it went well.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,084
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
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Law Educator, Esq.
Law Educator, Esq.
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