What to do with an *abandoned* toolbox?

[Pig Soooeee]

What do you do with a guys small roll around toolbox that has been sitting in your shop going on 6 full weeks?

I tried out a guy named Stan to work parttime in my shop. He worked fulltime for another employer so he would only work nights or weekends. Only stipulation was that I needed 16 hours per week average. Told him my shop was open anytime he wanted to come in. Just need 2 days per week average. 1st week went great. Showed up a little every other day. He would catch on in no time. 2nd week nothing until the following Saturday. I go in during the afternoon. Guess he showed up earlier in the morning thinking I would be there like I am on most weekends. When I am not there he leaves me a message on my shop phone trying to say that since I did not call him at all that week then I must have thought things weren't working out. That he also called my cell phone(no he didn't, they do have missed call functions and caller i.d.)and I didn't answer, also that he would come get his toolbox. What burns me up is I made it clear that I am waiting for him to show up anytime at his own convenience to continue to learn how to use the equipment. When he realizes things have gone sour he tries to shift the blame for the situation.

6 weeks later and the toolbox is in my shop and will probably be here for a few more at this rate. I know the best thing to do is just call him up and say "I would appreciate it if you would come get your toolbox sometime soon as it has been several weeks, thanks". If I did call him up I would probably tell him that his message sounded like some stupid b.s. that my wifes two 20 something gossipping sister-in-laws who keep **it stirred up in the family would sound like.

 

[nameH10]

Maybe the guy really thinks he dropped the ball and didn't do the job he was supposed to. If I felt this way I'd be too embarrassed to come pick up my box. Hard to say though if the guy won't talk to you.

 

[willbird]

I also know all too well how easy it is to think you HAVE spare hours to work another job, then get into it and see that you really do not. I agree he could have handled it better by talking to you f2f.

The minute you sign up for softball, a bowling league, or school then those nights ALL kind of other things crop up that need done.

Bill

 

[D.spencer]

Technically, it is probally not considered abandoned yet (at least from a court of law). Since he came to work for you, there is a "bailment" agreement between both parties that tools can stay there for the duration of employment ( that is what normally happens when a machinist/mechanic comes to work somewhere). A reasonable person would expect their things to be able to stay there for the course of employment. If you have not paid him or notified him ( or him notify you)that he no longer works there, then employment may have not technically ended and thus the property could not even be considered abandonded until after that happens. I would document the event somehow- certified letter-return receipt requested because phone calls can always be denied. sounds to me he is embarrassed and is afraid to show up-might have bitten off more than he could chew-so to speak.

 

[AndyF]

Let him know you're sorry it didn't work out and that he needs to pick up his box by a certain date. You probably gave this guy too much flexibility to begin with when you told him, "... my shop was open anytime he wanted to come in. Just need 2 days per week average." It would have been better to set 2-3 days a week as his work days.

A lot of people stink at organizing their life and need schedules imposed on them. You could have always backed off later and given more flexibility as he showed he could handle it, but the situation you're describing sounds more like it was designed to meet the tests for an independent contractor relationship than one designed for a part-time employee.

One thing I am doing with a part-timer I have now who is a college student is we started out with a listing of her availability for the semester based on her class schedule and other commitments. Each week on Friday we set her schedule for the following week. This reduces the likelihood of surprises for me and gives her a fairly flexible schedule.

 

[Timw]

Stop acting like the "sister-in-laws" yourself. Call the guy up and ask him where do we stand? If he was working out then try to salvage the situation. If you read some of the posts about not finding good help, you might be lucky to get things back on track.
I can't understand why people don't just get to the bottom of a situation. Hit the nail on the head, don't expect it to drive itself.

 

[surplusjohn]

when I do shop liquidations, left behind personal property is a real pain in the neck. You tell people and they don't pick stuff up, sudenly some old thermos is worth a fortune 3 weeks after the place is swept clean. The legal side is not all that clear, in my opinion. I normally tell the person I bought the shop from that as of date xx xx xx everything inside these wall is mine, [except for things specifically excluded] not trying to be greedy but just trying to get the job done. Many years ago I was cleaning out a shop when I came across a giant ball of aluminum foil, after keeping it on display for a while I pitched it in the scrap skip. Then the owner of the foil ball shows up, he was really upset, had collected it from years of lunches, very valuable blah blah blah. Ya find piles of things like hats, gloves, jackets, shoes, lunch boxes, boxes of tampons in every other desk drawer.
Years ago, some guy came to my warehouse with a crate he bought at a military auction that had a brand new DEC computer component in it. wanting me to buy it, I said I did not, then he asked if he could store it their for 20 bucks a month. I said yes and he gave me 20 bucks. A year later I had not heard from him again, of course. the invoice amount on the crate is something like 20K, I called DEC and they said worthless. I sent a certified letter to the only guy in the phone book that had his name saying I was disposing of it. A month later i was moving to another city and dumped the computer but kept the very nice crate. Tenants of the former building said the guy showed up months later looking for me claiming the thing was worth alot of money, saying I ripped him off, blah blah blah, they were quite concerned. But I never heard from the jerk. My attorney says that abandonment is a real problem and recomends that in simular instances it is best to try to inform then simply continue the abandonment, ie put it out to the street. My Father had a tenant who he had to evict, he had the place full of brand new appliances, furniture and stuff that he bought on store credit and never paid on. Judge gave him a eviction, city marshals emptied to place to the curb in the pooring rain, guy did not show up, everything disappeared or was picked up by trash, nothing more happened.

 

[Too_Many_Tools]

Do you have time to deal with a possible lawsuit? I would leave well enough alone.

There can be many reasons why the guy is not back for his tools yet...death in family, divorce, medical reasons...or he just plain forgot...I have seen each case over the years. Deal with the toolbox as if it were YOUR tools...how would you want someone to treat you?

You have gotten some good advice about laying out a schedule so both parties know when your employee will be on site.

Give a few more weeks and then try to contact him reminding him that the tools are still at your shop. If you have to push it to the curb, have a LEO do it. Also avoid the urge of taking anything for your own use...I have seen that come back to bite others more than once.

I would also make sure that none of them "grow legs and walk away" via other employees while under your care...remember that possible lawsuit? Time is money and anything that distacts you from your goals is to be avoided.

TMT

 

[SamH]

I think the term for abandonment is 2 years. And that they have not contacted you in that time frame about the item(s) in question wanting them back. IE. just because someone leaves something in your shop, and you don't let them get it for 2 years is different than someone leaving something and never calling you again.

 

[William E Williams]

If he is no longer working for you, you could ship it back to his home address. Gives you proof it went back to his posession.

Ted

 

[Marc M.]

The laws regarding abandoned property vary greatly from state to state. I would suggest you talk to your attorney to find out how the law is applied in your area. As others have mentioned, this is a bailment situation making you 100% responsible for his property until whatever point the law considers it abandoned. Your best course of action is to simply call the guy and make arrangements with a definite cut-off date. If he fails to remove his property after that, then talk with your attorney. You should also carefully document all communications with him just in case. At my former job, we had several similar problems and got burned for $10,000 the first time around (suddenly his box full of chinese junk turned into Snap-On & Matco).

 

[440roadrunner]

Send him a registered letter. State whether you are willing to employ him or not, firmly, and indicate that he must contact you about the box. Make sure you leave your phone numbers in the letter, and give some reasonable times and days. That way you at least have it on record.

Then call him if possible, and tell him the same thing. I'd give him 30 days. Tell him if it isn't resolved/removed by then, you will start charging storage per day on the box.

 

[deltaenterprizes]

I got my first job in a machine shop because one of the employees did not show or call for 2 weeksbecause he was in jail for a minor altercation because his wife's boyfriend was physcially disaplining his child.
Try giving the goy a call and explain your concerns,he may be having problems.
I wish I could find a job like that,how far are you from Longview,TX?

 

[Dimitri]

I'd give him a call and tell him to pick up his toolbox as its taking up space since he doesn't want to work their anymore for whatever reason.

Delta,

I hope that guy divorced his wife after that incedent and got custidy of his kids, after all she apparently was cheating on him and let her boyfriend disepline her kid.

Dimitri

 

[deltaenterprizes]

they were already divorced

 

[Dimitri]

Delta,

Ah ok, you just put "wife" so I was wondering.

Dimitri

 

[SlicerMan]

" Hey Stan what have you been doing ? I know you must be busy. Sorry things didn't work out. Come by some time and pick up the tool box I'm bumping into it. No hard feelings. "
SM

 

[Toms Wheels]

I had a employee leave for lunch and not return. Sent her a letter to last address, returned by PO. Sitting in me shop was a sandbox, slide, kids toys, leftover from using my truck to move to her new place the week before. As well as a paycheck. A year later her brother shows up looking for her check, No way. She walks in the door herself or no check. She finally shows up for her check, just toss the toys, I bought new already. This from a 20 year old single mom, on work-fare who had not a pot or a window. Some local kids were soon enjoying the toys.

Sent a letter, registered with return receipt. They sent the tool box to ME, just kidding

 

[pm]

many very capable machinists and fabricators are not the best at interpersonal skills, (ask my wife) if he was managing the work o.k.
follow up with him and try to work things out. unless you are seriously short on space, try to accomodate his property until you are convinced he is not interested in it or it becomes a burden to you. just try talking face to face first.

 

[kap pullen]

You should treat his property as you expected him to treat yours.
Kap