Failure to Return Company Property

[Blackcomb]

My question involves criminal law for the state of: California

Hello,

I have a issue which is really bothering me. I was laid off by my employer a few weeks ago. I turned in all the company property I had on my and when asked if I had anything else I had said no. About a few days ago I was cleaning up my office and noticed my work laptop sitting in my closet in its case. I want to return it to them, but Im VERY afraid of them filing charges or something against me. I do have a prior conviction for embezzlement so the idea of it happening a second time makes me lose sleep at night. I assume that by turning it in they would assume I have been hiding something and try to come after me since its been a few weeks. I just want to get rid of it, but I don't want to be put in the same position again, as I know the charges are more serious the 2nd time around. Any suggestions? Should I consult an attorney before I contact my former employer about returning the laptop?

[free9man]

Your best bet is to contact your former employer. Explain that you forgot you still had a company issued laptop and that you wish to return it. Hopefully you can adequately explain to them why their property was sitting in a closet at your home instead of somewhere you would have noticed it quicker. If you were laid off, and not terminated, they will probably be cool with it. Better you do this now. If you signed ANY paperwork when the laptop was issued to you, or they made any notes in a file somewhere, it may come up when an audit/inventory is performed. At that point, they might be inclined to call the police and report it stolen...by you.

If you are that concerned, and have the money, by all means consult an attorney.

[Blackcomb]

I did not sign anything as I was the IT manager at the time. I think I will consult an attorney and then hand it over, because it doesn't belong to me at all.

[PandorasBox]

I don't see reason to consult an attorney (please bear in mind, I am not one).

Just like the other poster suggested...call....explain that today you realized you have a laptop belonging to the company. You could say you have not been in your home office for a few weeks.....or you always stored it in the closet while you were at work, reducing the chance of someone else using it....

[cbg]

Why do you assume they will think you've been up to something? Why would they think that when you are voluntarily calling to admit to an error? What makes you think that the DA would file charges against you for stealing property when you returned it?

You're putting on your track shoes before you know that there's a race.

[Security Consultant]

I agree - just tell them you didn't remember it at the time and give it back to them. The OP is putting way too much thought into this.

[Blackcomb]

Yeah I called the owner and explained it and offered to buy it off them (its a decent laptop) and he agreed. Didn't seem upset, Actually seemed surprised I called about it, and it was clear in talking to accounting they had no idea I even had it which was odd.