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Is it theft when an employee refuses to return company property after being fired?
Anonymous3 views3 answers
An employee was terminated. They have refused to return company laptop. I would like to press criminal charges. After reviewing CA Penal 484-502.9 is not clear if this is theft by legal definition. If you agree this is theft, please clarify on what grounds. If the employee returns the laptop, can I continue to press charges?
If it is very clear that the laptop is the property of the company and not the employee, then an employee who keeps property given to them for use only after the permission to keep it has been revoked could be liable for a form of theft. It would likely be embezzlement because it was originally in the employee's possession with permission but then taken for the employee's own afterward. Your difficulty will be in getting the police to make this into a crime.
The taking is more likely a civil wrong, meaning it is a conversion of personal property and the employer could sue the employee for the fair market value of the property at the time it was converted.
This sounds like more than just concern about getting the laptop back. Why would you "press charges" if the laptop were returned? Be careful you are not letting emotions get the better of you here.
I agree that a quicker resolution on this might come from a civil case based on conversion. The police and the prosecutor may view this as more of a civil matter.
Good luck.
Send the employee a certified letter demanding the return of the laptop within 5 days. If they fail to do so, file a small claims action against the employee for the value of the laptop, plus your costs,. This is a very low priority for the police.
