How Long Does an Employer Have to Hold an Ex-Employee's Property
My question involves business law in the state of: Michigan
An employee leaves behind personal belongings (tools used for the job, personal effects, etc.) when they leave our employ. After attempting to contact the former employee to pick up the items as they are too large and heavy to mail, how long must we hold the items until they can be considered abandoned? What are our disposal options - absorb into the company? donation and/or selling? turned over to the state as abandoned property?
Re: Employee Abandoned Property
Quote:
attempting to contact
What, exactly, did you do to attempt to contact?
Re: How Long Does an Employer Have to Hold an Ex-Employee's Property
How long ago did the employee leave the job? What did the employee say about the items at that time? What, if anything, did the employee say about the items after that time? Do you have any sense of why the employee has not collected the items? What is the approximate value of the items?
Re: Employee Abandoned Property
The questions covers several times this has happened. We will attempt to call, email, and/or mail via certified mail to the last known address. Sometimes none of those methods work.
The original question covers several times this has happened. The employee would have left without saying anything about the items - before or after their departure. Those that communicated got their things back.
In one case, the employee probably has not collected the items because coming back to pick them up or allowing us to know where they are would put them at risk for arrest. One refuses to communicate except sarcastically; he left about 3 months ago. Another left (disappeared) over a year ago leaving behind their tools. We have been unable to locate them. There is probably significant monetary value only for the tools and toolbox - perhaps a couple hundred dollars based on condition. The other items include a collection of CD's, keys, office supplies they purchased for themselves to use, legal papers, and personal mementos.
Re: Employee Abandoned Property
If the problem occurs on a recurring basis, perhaps you should have your employees sign and date an agreement that provides that they are to remove all of their items of personal property on the last day of work and that, absent a written agreement to the contrary, any property left after that date will be regarded as abandoned and disposed of at your discretion. Your business lawyer should be able to come up with a document that will suit your needs and be consistent with state law.