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State of PA: My son quit his job as a mechanic. A few days…

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State of PA: My...

State of PA: My son quit his job as a mechanic. A few days later he returned his uniforms and picked up his massive tool box. The manager called the police and blocked him from leaving with his tool box. The officer came and allowed my son to load his box on the trailer to haul it out. Manager wanted the officer to cite him for criminal trespass and the officer declined stating he believe my son. A few days later a citation was written for criminal trespass on 11/1/17 and processed on11/3/17. My son didn't receive it in the mail until 11/15/17. He did not "break into" the area. The garage was open at the time, the bay door was open at the time. He merely walked in, dropped the bag of his uniforms and pushed his tool box toward the door. He was never told he wasn't permitted to be on the premises to pick up his belongings. Is this defensable easily without a lawyer at the DJ office:

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Pennsylvania

Lawyer's Assistant: Have you talked to a lawyer yet?

No. Can't afford one.

Submitted: 9 months ago.Category: Legal
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Answered in 3 minutes by:
11/18/2017
Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,897
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Nothing in PA is "easily defensible without a lawyer." He had no legal permission to be on the property, although his tools were there and he was returning uniforms. He still needed permission to be on the premises since he was no longer an employee. You do not need to "break into" an area to be trespassing. Trespassing means he entered upon property of another without their consent and without authorization.

So, while this charge is obviously retaliatory, if he did not have their permission to go onto the property, you need to get him an attorney to fight this retaliation from the employer.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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