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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: 1 month ago.Category: Legal
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Answered in 9 minutes by:
3/7/2018
Lawyer: Ely, Counselor at Law replied 1 month ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,504
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 1 month ago
Resumes, Reference list, examples of sales process tracking.
Lawyer: Ely, Counselor at Law replied 1 month 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.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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