Employer’s Failure to Return Employee’s Personal Property Supported Conversion Claim, Court Finds

In Farmer v. Fzoad.com Enterprises Inc., 2020 WL 6530787 (S.D.N.Y. 2020), the court, inter alia, found that the plaintiff sufficiently alleged a conversion claim against the employer defendants.

From the decision:

Count XII asserts a claim for conversion alleging that Defendants are “withholding Plaintiff’s personal belongings without justification, including but not limited to, two laptop computers and clothing” and “Defendants refuse to return Plaintiff’s personal property.” Am. Compl. ¶¶ 260-62. The New York courts have upheld claims by employees whose employers have taken their personal property. See, e.g., Schulman v. Continental Ins., 258 A.D.2d 639, 685 N.Y.S.2d 794, 796 (2d Dep’t 1999) (finding a viable cause of action in conversion against certain defendants who allegedly did not return personal property upon termination); Daniel v. Long Island Univ., 184 A.D.2d 350, 585 N.Y.S.2d 349, 351 (1st Dep’t 1992) (finding a viable conversion claim).

At this stage, held the court, plaintiff pleaded the minimum required for a claim of conversion.

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