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If a Candidate comes to an interview and leaves thing with…

Customer Question
If a Candidate comes...

If a Candidate comes to an interview and leaves thing with the interviewer do they a right to ask for those things back, or are they now the property of the person they gave those things to?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Candidate lives in TX. She interviewed there and GA.

Lawyer's Assistant: Has anything been filed or reported?

No, but she's threatening to get her lawyer involved unless she gets those things back.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that my belief is those things become the property of the person they were given to.

Submitted: 4 months ago.Category: Legal
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Answered in 9 minutes by:
3/7/2018
Lawyer: Ely, Counselor at Law replied 4 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

That depends on the thing. What "thing" was left?

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Customer reply replied 4 months ago
Resumes, Reference list, examples of sales process tracking.
Lawyer: Ely, Counselor at Law replied 4 months ago

Thank you.

There is no law in TX or GA about "when something begins to belong to another person." It falls under equity doctrine, another words - what is FAIR and what is derived from common law.

Our common law doctrine states that if A gives something to B without condition, A is presumed to gift it to B. A can no longer demand its return. As such, in this case, the company does not have to give back resumes, references, or examples. It was a "gift" to them," even if part of a meeting/interview.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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