Forums
Tools left by terminated employee
Legal Forum
Tools left by terminated employee
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Our employees are issued locked toolboxes in which they keep their company-issued and personal tools. When an employee is terminated, we generally notify them that after a certain perio
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:440b4d19-990e-4d24-8e08-65f8139fdc11
Forums » Topic Forums » Legal Forum » Tools left by terminated employee
|
Tools left by terminated employee
posted at 12/4/2012 4:06 PM EST
on Workforce Management
|
Posts: 16
First: 1/20/2012 Last: 5/2/2013 |
Our employees are issued locked toolboxes in which they keep their company-issued and personal tools. When an employee is terminated, we generally notify them that after a certain period of time, we will consider their personal property abandoned and open the toolbox. I’m told that we have never had an employee not pick up his/her personal property.....until recently. Now we have to decide what to do with the employee’s property.
How do you generally handle this situation? When can we consider the property abandoned? |
|
|
Re: Tools left by terminated employee
posted at 12/5/2012 5:31 AM EST
on Workforce Management
|
Posts: 61
First: 10/2/2012 Last: 12/5/2012 |
question. have you tried contacting the employee about it? anyways, what you can do is that since the toolbox is yours, you can open it, get all the tools that comes from your company and get all of the personal belongings and store it in one place for a while. |
|
|
Re: Tools left by terminated employee
posted at 12/6/2012 2:06 PM EST
on Workforce Management
|
|
Posts: 5
First: 6/4/2012 Last: 3/1/2013 |
Here is where documentation can help you. If you don't already have a written policy regarding this issue, write one. Spell out all the rules and give it to new hires when you give them the toolbox. Have them sign it and keep a signed copy. That way they can't later claim that they didn't know. You should open the toolbox as soon as the employee terminates. You'll want to make sure that all of your tools are still there. Anything that belongs to the ex-employee can be put in a box and held for whatever period of time you feel is appropriate and reasonable, keeping in mind that there may be local laws that you may have to follow. It probably wouldn't be a bad idea to call the police or sheriff's department to find out the rules about abandoned property. Contact the ex-employee to remind them of the deadline, and donate the items that are left behind. |
|
|
Re: Tools left by terminated employee
posted at 12/7/2012 9:30 AM EST
on Workforce Management
|
|
Posts: 221
First: 9/29/2011 Last: 5/2/2013 |
What would be so terribly difficult to open the box, take out the employee's tools, put them in a box and send them to his/her last known address? Send UPS with a signature requirement for delivery so you have a receipt record. |
|
|
Re: Tools left by terminated employee
posted at 12/10/2012 10:21 AM EST
on Workforce Management
|
|
Posts: 16
First: 1/20/2012 Last: 5/2/2013 |
In Response to Re: Tools left by terminated employee: What would be so terribly difficult to open the box, take out the employee's tools, put them in a box and send them to his/her last known address? Send UPS with a signature requirement for delivery so you have a receipt record. Posted by nork4 It turns out that the toolbox belongs to the employee. I've been told that it is very large and not appropriate for shipping. |
|
|
Re: Tools left by terminated employee
posted at 12/10/2012 10:24 AM EST
on Workforce Management
|
|
Posts: 16
First: 1/20/2012 Last: 5/2/2013 |
In Response to Re: Tools left by terminated employee: Here is where documentation can help you. If you don't already have a written policy regarding this issue, write one. Spell out all the rules and give it to new hires when you give them the toolbox. Have them sign it and keep a signed copy. That way they can't later claim that they didn't know. You should open the toolbox as soon as the employee terminates. You'll want to make sure that all of your tools are still there. Anything that belongs to the ex-employee can be put in a box and held for whatever period of time you feel is appropriate and reasonable, keeping in mind that there may be local laws that you may have to follow. It probably wouldn't be a bad idea to call the police or sheriff's department to find out the rules about abandoned property. Contact the ex-employee to remind them of the deadline, and donate the items that are left behind. Posted by endlesssummers Great ideas - thanks. I suggested that the everything be inventoried and returnd at termination but was told that it was not feasible in the workplace setting. |
|
|
Re: Tools left by terminated employee
posted at 12/10/2012 12:01 PM EST
on Workforce Management
|
|
Posts: 221
First: 9/29/2011 Last: 5/2/2013 |
Ok, so sending the toolbox is not appropriate. How about a registered letter to the last known address advising the employee that he has a toolbox he left behind and that he has XX days to come and get it or you'll dispose of it? |
|
|
Re: Tools left by terminated employee
posted at 1/14/2013 8:57 PM EST
on Workforce Management
|
|
Posts: 5
First: 9/22/2011 Last: 1/14/2013 |
In Response to Re: Tools left by terminated employee: In Response to Re: Tools left by terminated employee : It turns out that the toolbox belongs to the employee. I've been told that it is very large and not appropriate for shipping. Posted by hr* There is nothing in the world that cannot be shipped. Cars are shipped. What you mean is that your company doesn't want to ship it. Make a diligent effort to contact the employee and his next of kin or emergency contact. You don't know, maybe he passed away or had a stroke! If so his family would undoubtedly want his personal property. Advise them that they can pick it up or pay for shipping. If it's not picked up you will, as advised above, need to contact your county or state for the procedure on abandoned property. A locked tool case that is so large that it's a hassle to ship undoubtedly exceeds the limit for turning it over to the state. |
|
|
Re: Tools left by terminated employee
posted at 1/29/2013 11:20 AM EST
on Workforce Management
|
|
Posts: 16
First: 1/20/2012 Last: 5/2/2013 |
In Response to Re: Tools left by terminated employee: In Response to Re: Tools left by terminated employee : There is nothing in the world that cannot be shipped. Cars are shipped. What you mean is that your company doesn't want to ship it. Make a diligent effort to contact the employee and his next of kin or emergency contact. You don't know, maybe he passed away or had a stroke! If so his family would undoubtedly want his personal property. Advise them that they can pick it up or pay for shipping. If it's not picked up you will, as advised above, need to contact your county or state for the procedure on abandoned property. A locked tool case that is so large that it's a hassle to ship undoubtedly exceeds the limit for turning it over to the state. Posted by tglit1976 Tried contacting the state - they want nothing to do with it. I found no law, regulation or rule that gives direction for disposing of any physical property. If you could refer me to any authority that cites the limit for turning it over to the state, I would be happy to look at it. |
|
|
Re: Tools left by terminated employee
posted at 1/29/2013 2:57 PM EST
on Workforce Management
|
Posts: 44
First: 11/7/2011 Last: 5/6/2013 |
I don't think there is a law. I reco you do what Nork suggested - send him a registered letter saying he's got X days topick it up or you'll dispose of it. And make "X" be 60, just to be on the safe side. |
Forums » Topic Forums » Legal Forum » Tools left by terminated employee
