If a business owner took all my stuff out of her shop when I quit to her personal house can I have her arrested for theft

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If a business owner took all my stuff out of her shop when I quit to her personal house can I have her arrested for theft

I quit my job 1 week ago. I had well over 1000
dollars worth of stuff there. I have a message
from the owners husband saying they will not
release my stuff to me until they are paid in
full for everything I owe them, i owe them
nothing, but the owner took all my stuff to her
house and will not let me have it

Asked on March 15, 2019 under Employment Labor Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your ex-employer has committed theft. Under the circumstances the most expediant thing to do in this situation is to sue them in small claims court for the value of your belongings. Whetehr or not you owe them anything is not relevant to your being paid; a worker must receive wages for all work that they perform. If you do in fact owe anything, your former boss will have to pursue their claim seperately.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Even if you owed the employer money, she still would not be allowed to do this--the only way to legally get money from someone who owes you is by suing in court and winning. And if you don't owe her anything, clearly there is no basis for her action.
Suing is also your recourse here: you would sue her for theft for the value of your belongings. Given the amount at stake, suing in small claims court is the fastest, most cost effective option. The matter can be settled or resolved by here returning your belongings.


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