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Threatened with Grand Theft Over Scrap Metal

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  • 03-30-2007, 05:34 PM
    turbospool
    Threatened with Grand Theft Over Scrap Metal
    basically In the construction field, we had a job finished and there was scrap copper left no one said prior to or during the job said that all scrap was to be returned. Other jobsites have taken the scrap also. we let it sit for a few days our foreman of the job said we could do what we want with it; we were leaving the job for a week so we so we divided it up we had about 12 pieces that were divied up and cut down larger pieces and divided them up.

    well now the company wants it and is threatening to charge everyone with grand theft if they dont agree to the terms they set which is paying it back at supplier value they were guessing on the lengths also. they dont even want the copper back just the money. Like stated above other jobsites take their scraps, one job is almost complete and has had a year worth of scraps with the company not wanting any of that.

    my question is can they do that? with our foreman saying we all can have it and how other jobs take their scraps?
  • 03-30-2007, 07:57 PM
    Happy Trails
    Re: threatened with grand theft
    It sounds like the foreman did not have the authority to let you take the scrap, as it did not belong to him/her.

    If they choose to file charges, it would be up to the DA as to whether or not they would pursue the case.

    However, the company then may try to pursue the matter in civil court to recover their losses.
  • 03-31-2007, 09:49 AM
    turbospool
    Re: Threatened with Grand Theft Over Scrap Metal
    hey i understand what your saying there but how can they just pick this job and certain people... its not the other jobs foremans either and he let guys take it.. woulndt they have to do the same to the other jobs too, or just let us go and start a mandatory rule for the entire company?
  • 03-31-2007, 09:57 AM
    panther10758
    Re: Threatened with Grand Theft Over Scrap Metal
    You could bring that up at any Criminal or Civil proceeding but fact remains you took something that did not belong to you! Yes its unfair but what else can you do. You could sue the foreman who told you to do with it as you will. In meantime might be best to settle with your company and deal with repayment in civil court when you sue foreman.
  • 03-31-2007, 11:25 AM
    turbospool
    Re: Threatened with Grand Theft Over Scrap Metal
    Quote:

    Quoting panther10758
    View Post
    You could bring that up at any Criminal or Civil proceeding but fact remains you took something that did not belong to you! Yes its unfair but what else can you do. You could sue the foreman who told you to do with it as you will. In meantime might be best to settle with your company and deal with repayment in civil court when you sue foreman.

    on what ground can you sue the foreman?

    also the other job doesnt have any bearing? we took scrap wire from the same job before on a different phase of it, nothing was ever said? I understand what your saying its just crazy their bringing this up now just to this job and no one else
  • 03-31-2007, 11:39 AM
    Mr. Knowitall
    Re: Threatened with Grand Theft Over Scrap Metal
    I don't know that you have grounds to sue the foreman.

    I'm not sure that "We did it before and got away with it" is a defense you want to raise, unless you want to be asked to repay the owner for that scrap as well.
  • 03-31-2007, 12:01 PM
    turbospool
    Re: Threatened with Grand Theft Over Scrap Metal
    Quote:

    Quoting Mr. Knowitall
    View Post
    I don't know that you have grounds to sue the foreman.

    I'm not sure that "We did it before and got away with it" is a defense you want to raise, unless you want to be asked to repay the owner for that scrap as well.

    well yea man... so why can the other jobs get away with it? it should be everyone gets in trouble or no one does...???????? i dont see a flaw in that thinking, i dont know if you guys do or not cause no one has commented on that part yet?
  • 03-31-2007, 12:45 PM
    panther10758
    Re: Threatened with Grand Theft Over Scrap Metal
    This isnt about the other jobs its about this one!
  • 03-31-2007, 01:01 PM
    turbospool
    Re: Threatened with Grand Theft Over Scrap Metal
    Quote:

    Quoting panther10758
    View Post
    This isnt about the other jobs its about this one!

    but how can you call it theft in one case and make them pay yet another case they could care a less it should be just give it back and thats that dont take anything again and make it a company rule thats really what I guess Im getting at here guys just give it back to us we understand other jobs to take scraps but just give it back and thats that DONT take any again
  • 03-31-2007, 01:04 PM
    panther10758
    Re: Threatened with Grand Theft Over Scrap Metal
    I am not disagreeing but your problem isnt the other jobs its this one! Using a defense like "everyone else did it" isnt going to help you much! You can bring the issue up but if its your sole defense your sunk!
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