Can an employer legally withhold an employee’s personal property, i.e. shoes, paperwork and decorative office items

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Can an employer legally withhold an employee’s personal property, i.e. shoes, paperwork and decorative office items

My employer refuses to compromise an agreeable time and date for me to pick up
personal items after settling a SH lawsuit.

Asked on June 2, 2017 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, it is not legal. Unfortunately, there  is no good way to get your property: you could try asking the local police to help you, but they are typically reluctant to get involved in cases like this. If the police don't help, your recourse would be to sue your employer (such as in small claims court, as your own attorney or "pro se") for the value of the withheld belongings; the suit be settle or resolved by them returning them to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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