If my employer fired me and the took my personal property, should I call the police and file a theft report regarding my stolen property?

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If my employer fired me and the took my personal property, should I call the police and file a theft report regarding my stolen property?

She claims that she never saw my belongings in the shop where I left them. It appears to me that

some prejudice and collusion is going on between my employer and the temp agency. I have the

emails.

Asked on April 10, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Theft requires an intention to steal--throwing out something by accident is not theft, though throwing out or otherwise disposing of another's property due to carelessness ("negligence") is grounds to sue the person or business who did this for compensation (e.g. for the value of the property). You can also sue over theft, even as you file a police report or look to press charges. So you should sue (such as in small claims court, on a "pro se" or as your own attorney, basis) for the value of your property as long as that value is worth a few hours of your time, since either theft or carelessness gives you grounds to sue; if you believe that the items were intentionally taken, then you could also contact the police. 
The labor department cannot and will not help you about a loss of property; they enforce the labor laws (e.g. wage laws) and do not protect employee's personal belongings. 


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