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  1. #1
    Join Date
    Aug 2019
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    2

    Default How Long Do I Need to Keep an Ex-Employee's Personal Property

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

    An old employee left behind quite a bit of personal property including office equipment. From what I understand this employee has been gone for almost two years. People have tried to contact her to get her to retrieve her items and I believe an offer was made to ship the items to her. She simply says to talk to her lawyer about this. As far as I know, no records of trying to contact her regarding her items have been kept. How long are we obligated to keep these items? Am I allowed to give her a deadline to retrieve her things? I am unsure of the law in NYC and NY State.

    Any advice is welcome!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,727

    Default Re: How Long Do I Need to Keep an Ex-Employee's Personal Property

    Has anybody spoken to her lawyer as she suggested? The fact she has a lawyer and is directing you to speak to her lawyer suggests an atypical situation. Is there some legal issue involving this former employee and the Company?

  3. #3
    Join Date
    Oct 2006
    Posts
    15,521

    Default Re: How Long Do I Need to Keep an Ex-Employee's Personal Property

    Quote Quoting helphr
    View Post
    My question involves labor and employment law for the state of: New York

    An old employee left behind quite a bit of personal property including office equipment. From what I understand this employee has been gone for almost two years. People have tried to contact her to get her to retrieve her items and I believe an offer was made to ship the items to her. She simply says to talk to her lawyer about this. As far as I know, no records of trying to contact her regarding her items have been kept. How long are we obligated to keep these items? Am I allowed to give her a deadline to retrieve her things? I am unsure of the law in NYC and NY State.

    Any advice is welcome!
    What kind of office equipment are we talking about?

  4. #4
    Join Date
    Aug 2019
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    2

    Default Re: How Long Do I Need to Keep an Ex-Employee's Personal Property

    Thank you for responding. As far as I know they have not spoken to this lawyer and I am not sure she ever provided the name or number. The separation wasn't amicable, from what I understand, but I don't think there are any legal issues. They did offer to drop it off or ship it to her and I am under the impression that this is when she began mentioning a lawyer. The last contact with her was about 3 weeks ago.

    Thank you for responding. Printers and monitors, a keyboard and something that looks like a speaker. There are also decorative holiday items and other random things.

  5. #5
    Join Date
    Jul 2018
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    1,544

    Default Re: How Long Do I Need to Keep an Ex-Employee's Personal Property

    Quote Quoting helphr
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    She simply says to talk to her lawyer about this.
    I think someone ought to do this.


    Quote Quoting helphr
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    Am I allowed to give her a deadline to retrieve her things?
    Yes.

    I suggest you or your company's in-house lawyer (if it has one) review New York's Abandoned Property Law and comply with its terms.

  6. #6
    Join Date
    Nov 2013
    Posts
    6,338

    Default Re: How Long Do I Need to Keep an Ex-Employee's Personal Property

    Quote Quoting helphr
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    Thank you for responding. As far as I know they have not spoken to this lawyer and I am not sure she ever provided the name or number. The separation wasn't amicable, from what I understand, but I don't think there are any legal issues. They did offer to drop it off or ship it to her and I am under the impression that this is when she began mentioning a lawyer. The last contact with her was about 3 weeks ago.

    Thank you for responding. Printers and monitors, a keyboard and something that looks like a speaker. There are also decorative holiday items and other random things.
    She is either a nut case or has a valid cause of action that she is working with an attorney to file.

    So what is the back story? You seem to be a bit distanced from the circumstances of her leaving the employ. Who are you and why did she leave the company?

  7. #7
    Join Date
    Aug 2013
    Posts
    284

    Default Re: How Long Do I Need to Keep an Ex-Employee's Personal Property

    There is also a possible escheat situation.

  8. #8
    Join Date
    Nov 2013
    Posts
    6,338

    Default Re: How Long Do I Need to Keep an Ex-Employee's Personal Property

    I don't think the escheat laws in any state address personal property left at an employer's place of business if indeed we are talking about personal property.

  9. #9
    Join Date
    Mar 2013
    Posts
    17,062

    Default Re: How Long Do I Need to Keep an Ex-Employee's Personal Property

    Quote Quoting helphr
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    Printers and monitors, a keyboard and something that looks like a speaker. There are also decorative holiday items and other random things.
    1 - Why would an employee have such property at her employer's office? (There's a back story here that you don't know or aren't telling.)

    2 - Why the hell wasn't this stuff just shipped to her two years ago as soon as an issue arose? Nobody needed her consent to ship it.

  10. #10
    Join Date
    Dec 2009
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    2,934

    Default Re: How Long Do I Need to Keep an Ex-Employee's Personal Property

    You can ship the stuff to her now.

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