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  1. #1
    Join Date
    Mar 2009
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    10

    Default Employee Property Return

    My question involves labor and employment law for the state of: Illinois, Chicago


    I was just terminated from my job working in the same building where (International House at the University of Chicago) at the front desk. It is 100% my fault, I ran up to my room to get a letter to mail and sat down, and somehow fell asleep for half an hour. I think they are totally in the right, but they confiscated my laptop and refused to return it. They took it most likely so someone else wouldn't, which is nice, but do they have the right to hold on to it until they have a chance to scold me? I called 311 and they said it was completely illegal, and when I told the managers this they got furious and returned it, but told me if I had called the real police they would have laughed at me.

    So the question is, does the employer have the right to hold onto property such as laptops. Checks are one thing, since that is employer property until exchanged, but this computer was 100% mine, not used for work business. They would have returned it later, but there was no reason not to return it right away. Since I live in the building, once terminated I reverted to resident status, so isn't this actually the same as stealing a resident's computer?

    Andy

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employee Property Return

    No, they did not have the right to return the laptop, but as you were told on the other board where you posted this question, since they have returned it you have no damages and no legal recourse.

  3. #3
    Join Date
    Mar 2009
    Posts
    10

    Default Re: Employee Property Return

    How about not legal recourse, but through the University which has a code of conduct and requires respect among students and faculty. I was nearly expelled for posting a facebook album that said "Illana Tabby Cheated on me and You're Next" clearly as a joke and a way to get over the fact she had cheated on me. His use of vulgarity and personal insults, and the level to which he was pissed, make me worry about future encounters and I just want to be prepared with something to say in the event he tries to draw this out, though I don't want to actually have to do anything

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employee Property Return

    You'll have to take that up with the university. That is an internal policy, not a law.

  5. #5
    Join Date
    Mar 2009
    Posts
    10

    Default Re: Employee Property Return

    Isn't any case of being followed by someone shouting at you when you have asked them not to harassment?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employee Property Return

    NO

    How many times do you need to be told that this is not illegal harassment?

  7. #7
    Join Date
    Mar 2009
    Posts
    10

    Default Re: Employee Property Return

    Then how do so many women get restraining orders? Ilana almost took one out on me because of the whole album thing until they talked her down. So to verify, school laws are entirely internal and just really promises? So if they don't uphold them, the school itself won't get in trouble? Crazy example, school law says all students can dress as they please, but the president expells someone because he hates the band on his shirt. The University would then not be in trouble? I always thought of it as a contract with the students, so if they do not live up to the promises they could be sued more for a breaching issue than anything criminal. Just curious.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employee Property Return

    Illegal harassment/discrimination exists when, and only when, the action is based in a characteristic protected by law. If he was following you around cursing BECAUSE you are black, or white, or asian, or hispanic, or male, or female, or Christian, or Jewish, or Muslim, or German, or Japanese, or Iraqi, or name the protected characteristic of your choice, and ONLY because you are (fill in the blank with a protected characteristic) THAT would be illegal. Following you around cursing because he is mad that you fell asleep, or that you told them keeping the laptop was illegal (even though you were right) or just because he doesn't like you, is not illegal and no amount of arguing is going to make it illegal.

    Women (and men) get restraining orders based on real threats to their safety. By your own admission you don't think there is any real threat.

    The college is bound to follow legally binding contracts. Codes of conduct are rarely if ever contractual.

    These answers are not going to change no matter how many times you ask the question.

  9. #9
    Join Date
    Mar 2009
    Posts
    10

    Default Re: Employee Property Return

    Ahh gotcha. Safety. Now that makes perfect sense. I thought even constant calling from an ex was cause enough, but I guess that constant calling has to make you worried they are so obsessed they might take physical action. Sorry if I'm dense but I was trying trying to see what makes one form of following different than other.

    What about the fact they threatened to expell me if I were to write "I passed by ilana today in the quad. Not exactly comfortable" based upon the belief that mentioning her in photoalbum counts as harassment, but they wouldn't consider being followed and cursed at to be the same? I agree that his hypothetical actions would not be, but if are so sensitive they considered mine to be, wouldn't it seem logical they would see his as just as bad?

  10. #10
    Join Date
    Mar 2009
    Posts
    10

    Default Re: Employee Property Return

    One other possibly stupid though that crossed my mind. If it is not illegal to take someone from someone and hold it for a while, then give it back before the police show up, are you allowed to shoplift and then return 20 minutes and toss it to the cashier and because you broke the law, but made amends, it's okay?

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