Employer Refuses to Hand Over My Personal Belongings

[daleybrock]

My question involves labor and employment law for the state of: Wisconsin

Upon verbally leaving my place of employment, due to a harassment charge against my boss that I had filed (I was harassed after filing this charge against my boss), I had went back the next day to pick up my personal belongs. These are items I brought with me on my first day, tools that are used for the work I do. They are my personal tools, that I bought and brought to work, as they did not supply tools. I was stopped at the door of my employeer while they told me I would have to sign a paper saying that I quit. They even had a local police officer who said I would have to sign in order to pick up my personal belongings, which they had just outside the door. Is this legal on their part?

[LawResearcherMissy]

I was stopped at the door of my employeer while they told me I would have to sign a paper saying that I quit. They even had a local police officer who said I would have to sign in order to pick up my personal belongings, which they had just outside the door. Is this legal on their part?

Yep.

Why would you object to confirming you retrieved your tools?

[Beth3]

I was stopped at the door of my employeer while they told me I would have to sign a paper saying that I quit. There are no laws in the State of Wisconsin that require an employee to sign a resignation form, much less holding your tools hostage until you do. I have no idea what the cop was doing there and why he said this was the case.

If they refused to give you your personal tools back, you're free to go to your local police station and file a theft report. What your employer is doing is not supported by any laws and if they refuse to return your property, they're guilty of theft.

[Mr. Knowitall]

If a police officer was present at the building and backed up the employer's request, with the employee's stuff boxed up right there, the odds of a prosecutor finding evidence that this is theft or that the employer had criminal intent seem to be roughly zero percent.

The employer should not be holding personal items hostage to try to get some type of concession from the employee. I'm not sure what either party believes to be the significance of having the employee sign something that says "I resigned" means - from what we were told that much does not appear to be in dispute, the big issue being whether the resignation was justified by the events that precipitated the resignation. If the events leading up to the resignation might rise to the level of tortious conduct, it makes sense to consult a plaintiff-side employment lawyer.

If the property issue cannot be worked out, it sounds like a matter for small claims court.

[Beth3]

If a police officer was present at the building and backed up the employer's request, with the employee's stuff boxed up right there, the odds of a prosecutor finding evidence that this is theft or that the employer had criminal intent seem to be roughly zero percent. I have to disagree, Mr. Knowitall. I have no idea why the cop supported the employer's stance on this but there is no law in Wisconsin that requires an employee to sign a resignation form under any circumstances. Police officers know nothing about employment law.

If the OP files a theft report with the police, then perhaps the employer will wisely choose to release the OP's belongings.