What should I do if my former employer has e-mailed me stating that I did not return my company cell phone and will prosecute if they don’t get it back?

I left over 2 months ago. These phones were returned at the end of each shift and we never were assigned to a specific device, so there was no official procedure for checking them in or out thus leaving no way to prove the device was returned. I have not responded back to the e-mail but was wondering what steps I should take going forward to prepare?

Asked on July 11, 2014 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Explain to them in writing what you put into your question--but in more detail--and indicate that you did in fact return it. If they come back at you that they still do not believe you returned it, while you could try to play "hardball"--refuse to pay and essentially dare them to refer this to police and/or sue you; then defend yourself in court--it would probably be a better, more cost-effective and less-stressful idea to, at that point, offer to pay the value of the phone.


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