Can an Employer Require an Employee to Prove Ownership of Property They Say is Theirs
My question involves labor and employment law for the state of: TEXAS
When an employee is let go, whether terminated or resigned, and the employee claims certain tangible objects belong to them, can the employer demand proof of ownership before the items are removed? This situation is taking place in a museum, and the items are similar to the collecting/exhibiting focus of the museum. The employee that was let go was also the one responsible for the paperwork of all collection items. On the pieces he/she is wanting to take, there is no paperwork in the museum records, and the ex-employee has not proven the items belong to them. This employee has a long history with the museum, and the items have been in the museum for many years as well. No one can definitively say when they came in, or who brought them in, or the purpose of them having been brought to the museum. Since there is no-specified storage place for the items that the museums owns, they were placed through out the offices. This mixed collection and personal property without clear labeling as to who owned what. :wallbang:
Who has right to claim ownership, and who has the burden of proof? Section 80 of the TX Property Code only deals with items that are loaned to museums, and does not cover items that employees bring in. We are also researching if the museum has any written policies regarding such property. (The Board is rather new, and learning as they go along. So they are unfamiliar with the policies of the museum.)
Thank you.
Re: Q of Ownership of Tangible Property in a Workplace
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WedgwoodGal
My question involves labor and employment law for the state of: TEXAS
When an employee is let go, whether terminated or resigned, and the employee claims certain tangible objects belong to them, can the employer demand proof of ownership before the items are removed? This situation is taking place in a museum, and the items are similar to the collecting/exhibiting focus of the museum. The employee that was let go was also the one responsible for the paperwork of all collection items. On the pieces he/she is wanting to take, there is no paperwork in the museum records, and the ex-employee has not proven the items belong to them. This employee has a long history with the museum, and the items have been in the museum for many years as well. No one can definitively say when they came in, or who brought them in, or the purpose of them having been brought to the museum. Since there is no-specified storage place for the items that the museums owns, they were placed through out the offices. This mixed collection and personal property without clear labeling as to who owned what. :wallbang:
Who has right to claim ownership, and who has the burden of proof? Section 80 of the TX Property Code only deals with items that are loaned to museums, and does not cover items that employees bring in. We are also researching if the museum has any written policies regarding such property. (The Board is rather new, and learning as they go along. So they are unfamiliar with the policies of the museum.)
Thank you.
Of course they can demand proof. They have control of their property and they can prevent you from leaving with anything they reasonably believe is theirs. The recourse would be to sue them for the property and each can present whatever evidence of ownership to the court to determine the result. I think an employee who brought in any items that could be mixed up with museum property is silly unless they noted the fact very well.