Thread: What would you do?

I would keep the restitution issue in the hands of the court. It usually is a condition of release for the convict.
Her unit was provided as a benefit resulting from her employment with you. Since she has been fired, she no longer has that benefit. If you think she may stall to be vindictive check with your attorney about serving/posting a 30 day notice to vacate and then at the very least you'll have the eviction statutes to force her out.

Reebee, you just found out why you need a lease on every space, even if it is a comp unit. Best of luck, and sorry you are going through this.

Reebee - I've been in your situation with an embezzlement and a vindictive, terminated employee with items on site). You are dealing with two unrelated issues, the theft from a former employee and your possession of her things on your premises. I'd recommend that you keep the issues separate and distinct, and do the following:

1. Her theft:
A. Have your attorney contact her and explain that you have evidence of her theft;
B. Explain that you seek her cooperation in quantifying the amount stolen (which your accountant will verify - this is cheaper than having your accountant take the lead, but that may ultimately be necessary anyway);
C. Have your attorney explain that you want full and immediate restitution, and in exchange for that and her cooperation, you won't pursue criminal and/or civil actions;
D. You cannot threaten her with criminal and/or civil actions - your attorney can explain this to you and communicate the message appropriately.

2. Her storage unit:
A. Overlock her unit;
B. Suspend her gate access code;
C. Inform her by certified mail that her unit is secured and she is prohibited from entering the property;
D. Inform her that she has one hour to recover her belongings in the presence of your security personnel at a mutually-agreeable time;
E. Inform her that if she does not recover he belongings within __ days, then you will deem them to be abandoned, and use applicable state statues to dispose of them.

Your former employee may know of your use of this board - keep posts on the down-low if not curtail them altogether. PM me if you'd like to discuss further.

Actually, I had her arrested when she came into work on Wednesday. The policeman put her in handcuffs and took her down to the station to book her and take her statement. He said she admitted to everything, I just had to remind her of some of the cash missing. Since I am the accountant here I will continue to look at each individual file to make sure that I have found all that I can. The police told her that if she comes back onto this property she will be arrested, and that she has to make arrangements with the owner and I to retrieve her things stored here...at a time mutually agreed upon. I really appreciate all of your comments and help--and Astro...YES I do now know why I need contracts on ALL units!!
tomokc - thanks for your help also. I didn't have to threaten her with criminal or civil action--the police did that for me. After talking to them prior to her arrest, they pretty much explained that by NOT pressing charges I was letting her get nothing but her hand slapped and that she would probably do the same to her next employer AND had probably done the same to her past employer. She is young and I'm hoping that this scared her enough to get her to STOP. It was also great to let her know FOR SURE...she is not smarter than this old lady!!!

I was a tenant at our storage for 4 years before I managed it, and I pay the full amount just like any other tenant, I get an online bill, and pay it with a CC so I have proof there is nothing going on.
We used to comp a guy that mowed for us, but that was done away with also. No free comps here, I just see it as lost revenue. Even the owner who has multiple business items stored pays full pop for each unit stored.

I could see where the comps would be an issue, never thought of this scenario though. Good luck to you.

Broadway, I have a comp unit at the property I manage. I do also have a signed lease, insurance addendum, etc on file just like the rest of my tenants. It protects my owners, and it protects me. If the owners ever decide to start charging me for the unit they can issue me a rate increase notice. I am bound by the same contract as the rest of my customers.

I even made (scratch that; I asked) my owners sign leases for their own comp'ed units. NO ONE gets a 'free' ride here. LOL!

Well, Reebee, it sounds like the whole situation went as well as could be expected. Hopefully, when she retrieves her belongings, it will be peacefully. If you're afraid it might not be, you may want the police on hand to watch over the situation while she packs up. Thank goodness the worst is over, and she confessed. What a relief for you.

Wow... That sucks. Of course termination would be in order. I'm not sure but I believe you can file a police report with out pursuing criminal charges. I had to do that one time when I got into a car accident and let the lady go without calling the police... I got her information but when it came time to own up she had a different story so I had to file a police report to get a subpoena for the video footage to be released.
Anyhow, Id also assume that unemployment would want proof other wise its like her word against yours and usually the employee wins.

Well, I thought all was over, but a tenant came in again yesterday and was upset because she paid in cash last month and was in a hurry and didn't ask for a receipt, and now she got a notice saying that she was late. I'm guessing that the x-employee put that cash in her purse also. I apologized profusely and credited the account. I just hope the nightmare ends!! I've tried to look at each account to see if anything out of the ordinary occurred, but sometimes there just isn't anything proving it one way or the other. I've thought about cloning myself, cuz I trust me!!!!!!!!!!!!!!!!!!!!! Good help is so hard to find.