Caught Stealing from Work, Letter from CRS

[beagleman]

Re: Caught Stealing from Work, Letter from CRS

BTW Any feedback on the letter? And what to put in my reply?

[bluebottle]

Re: Caught Stealing from Work, Letter from CRS

I concur it is probably a bluff. But that is our opinion, on which we can agree. But Freegan law is quite interesting - if the dumpster belongs to the refuse company the contents of the dumpster are still retained by the property owner if the dumpster is located on their land until such time as they are collected by the refuse company. Secured or not. And whether access to the dumpster requires trespass or not. That applies whether it is your bin or a companies refuse. If I recall correctly, there was a successful prosecution over four old plastic chairs that someone had thrown out! And I think a fairly recent one over out of date food (which since you cannot sell it, or even give it away, has no value). That latter one is one of those "wonderful" laws - I know a couple who work at a large supermarket and for many years, at the end of their nightshift the supermarket gave them, happily, every scrap of "expired at midnight" food to take to the homeless shelter at the end of their shift. The supermarket was forced by changes in the law to stop doing that and bin the food because they weren't even allowed to give it away!

If it's anything with a "Use By" date, it has to be destroyed on close of business on that date. It is usually things like meats, dairy products and other perishable foods, many of which will harbour dangerous or even lethal bacteria as the food perishes. I'm talking about bugs like listeria, salmonella and e-coli. I have found out, the hard way, what helicobacter pyllori is and what it can do to you - it can kill - and in my case breached my gut wall and trashed my motor nervous system, resulting in my now having Fibromyalgia.

[bluebottle]

Re: Caught Stealing from Work, Letter from CRS

Cheers guys - to clarify what I mean for 'for the bin'

At work any boxes for delivery etc get left out the back before being put out for the people who deal with the rubbish (My former workplace was a shopping centre).

The items I took were still in the workplace, not in a dumpster.

What sort of things were they, please?

[enquirer]

Re: Caught Stealing from Work, Letter from CRS

Stuff in the bin (in the workplace or not), is still owned by someone. This is the classic first year law student conumdrum. The offence of theft is made out, even though it is, in this case, petty to the point of absurdity.

Their claim is nonsense, as are the associated calculations.

[bluebottle]

Re: Caught Stealing from Work, Letter from CRS

Stuff in the bin (in the workplace or not), is still owned by someone. This is the classic first year law student conumdrum. The offence of theft is made out, even though it is, in this case, petty to the point of absurdity.

Their claim is nonsense, as are the associated calculations.

If the promotional items are giveaways, CRS are skating on thin ice. If they are items on which copyright exists, only the copyright owner has the right of claim, not the OP's employers or CRS. Having worked with the Copyright, Designs and Patents Act 1988 when I worked in the printing and publishing industry, this is something I am familiar with.

Could the OP describe exactly what the items were, please?

[TUTTSI]

Re: Caught Stealing from Work, Letter from CRS

I'm abroad and only on my phone but can someone please direct the OPto the Oxford case where it clearly sets out that the claimant has to demonstrate actual loss. My gut instinct is that the claimant would struggle in this instance and this would be an interesting case if they're going to pursue it.

http://www.legalbeagles.info/forums/...h-and-the-lies I believe this is the thread that Cel is referring to.

[charitynjw]

Re: Caught Stealing from Work, Letter from CRS

Err...................see post #4 above? :tinysmile_grin_t:

[ODC]

Re: Caught Stealing from Work, Letter from CRS

The items in question cost your employer nothing so had they any value.

[CleverClogs]

Re: Caught Stealing from Work, Letter from CRS

The items in question cost your employer nothing so had they any value.

If you had been given a gold ring set with one or more, brilliant cut diamonds, that ring would have cost you nothing.

It would still be theft if one of your servants appropriated that ring and sold it on eBay.

However, this case is rather different...

[CleverClogs]

Re: Caught Stealing from Work, Letter from CRS

Cheers guys - to clarify what I mean for 'for the bin'

At work any boxes for delivery etc get left out the back before being put out for the people who deal with the rubbish (My former workplace was a shopping centre).

The items I took were still in the workplace, not in a dumpster.

Had you been instructed to dispose of the items?

Who told you to do that?

Did they specifically state how the items were to be removed from the workplace?

[charitynjw]

Re: Caught Stealing from Work, Letter from CRS

Err...........theft by finding - http://www.dailymail.co.uk/news/arti...Tesco-bin.html
As per Eloise's post #12.

That said, it is doubtful whether the civil recovery mob will proceed with their threat (but not definite).

[CleverClogs]

Re: Caught Stealing from Work, Letter from CRS

Err...........theft by finding - http://www.dailymail.co.uk/news/arti...Tesco-bin.html
As per Eloise's post #12.

That said, it is doubtful whether the civil recovery mob will proceed with their threat (but not definite).

It would be more doubtful if it could be shewn that the OP had been instructed to dispose of the items but not specifically how.

[bluebottle]

Re: Caught Stealing from Work, Letter from CRS

I would not put too much credence on the case on the Daily Mail website. Theft by Finding, in my experience, is when you finding something and fail to return it to its lawful owner, or fail to hand it in at a police station or fail to take steps to ascertain who the lawful owner is and assume rights of ownership of what you have found. In the case on the Daily Mail website, the fact Tesco is involved says a lot. They have form for making wrongful and false allegations against individuals and have come off badly when judges' have handed down scathing condemnation and criticism of their corporate arrogance and behaviour and that of their managers. Nothing Tesco says can be regarded as reliable. I have personal experience of this when one of their managers tried to lie their way out of an incident that very nearly resulted in a customer being seriously-injured as a result of Tesco's negligence. I had evidence Tesco had been previously notified and warned and the look on the face of the manager who told the lie when I produced that evidence said a lot. They crapped themselves and so did Tesco. My gut-instinct tells me that the Daily Mail case is down to an out-of-control security goon and store manager trying to make something out of nothing, not to mention engaging in a spot of embroidery, and police officers under pressure to comply with the mentality of target-led policing which has lead to wrongful and unlawful arrests which breach Code G of PACE. I would be very surprised indeed if the case resulted in a Guilty verdict.

[bluebottle]

Re: Caught Stealing from Work, Letter from CRS

It would be more doubtful if it could be shewn that the OP had been instructed to dispose of the items but not specifically how.

If that is indeed the case, Cloggy, both Game and CRS are well and truly in the proverbial. They may already be in the proverbial over this in any case.

[ODC]

Re: Caught Stealing from Work, Letter from CRS

If you had been given a gold ring set with one or more, brilliant cut diamonds, that ring would have cost you nothing.

It would still be theft if one of your servants appropriated that ring and sold it on eBay.

However, this case is rather different...

True but these were items given free to be handed out free to customers that were considered so worthless that they were being dumped. Its rather like going to an exhibition where samples and freebies are given out by folks.

What seems to have narked his employers is that the op made money out of rubbish and lets face it many entrepreneurs made their fortunes in a similar fashion