IMPORTANT!!!

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Posted by Traci on July 14, 1999 at 09:00:57:

In Reply to: I need your help......or maybe just advice. posted by Skinny on July 13, 1999 at 14:41:53:

Skinny.. I asked my lawyer friend about this,a nd am posting his email response. Keep in mind, he is not currently practicing so his opinion is only a 'layman's' opinion lest he get in trouble for practicing without his license ;> (He's currently pursuing other career interests)

If you have any more question, please let me know and I'll be happy to forward them onto him.

His response:

I am not licenced to give professional legal opinions these days. My
educated LAYMAN'S legal opinion is:

If the facts are as you present them, the employee has no obligation to
return the animals.

The trick is proving in court that the facts are as presented. The
ex-employee will claim that the animals were given to him. His manager at
will claim that he took them, with (or possibly without) permission, to get
medical care, but that they remained store inventory. Who said what to whom
in front of whom will become important.

Assuming no witnesses on either side, I'd say that the ex-employee has the
better case. It is unrealistic and unjust that he would have paid for
medical treatment out of his pocket for animals which belonged to the store.
I would suggest that he explain his position in a certified letter to the
company (so they cannot turn around and file a larceny charge against him),
keep the animals, and if they sue him in civil court, counter-sue for the
veterinary bills and costs of care. If the animals belong to the store,
then the store would be responsible for their treatment. They can't have it
both ways...

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Comments:
: Skinny.. I asked my lawyer friend about this,a nd am posting his email response. Keep in mind, he is not currently practicing so his opinion is only a 'layman's' opinion lest he get in trouble for practicing without his license ;> (He's currently pursuing other career interests) : If you have any more question, please let me know and I'll be happy to forward them onto him. : His response: : I am not licenced to give professional legal opinions these days. My : educated LAYMAN'S legal opinion is: : If the facts are as you present them, the employee has no obligation to : return the animals. : The trick is proving in court that the facts are as presented. The : ex-employee will claim that the animals were given to him. His manager at : will claim that he took them, with (or possibly without) permission, to get : medical care, but that they remained store inventory. Who said what to whom : in front of whom will become important. : Assuming no witnesses on either side, I'd say that the ex-employee has the : better case. It is unrealistic and unjust that he would have paid for : medical treatment out of his pocket for animals which belonged to the store. : I would suggest that he explain his position in a certified letter to the : company (so they cannot turn around and file a larceny charge against him), : keep the animals, and if they sue him in civil court, counter-sue for the : veterinary bills and costs of care. If the animals belong to the store, : then the store would be responsible for their treatment. They can't have it : both ways...

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