What is a non-agreed employee

Labor law / ex-employee does not give out keys to the production hall.

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This answer is from 03/03/2018 and may be out of date. Ask your current question now and get a legally binding answer from a lawyer.

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Dear person seeking advice,


On the one hand, you have the option of the necessary lock exchange and the assertion of the costs as compensation. However, it must then be necessary to replace the lock, which cannot be clarified in this way.


You have to pay the lawyer yourself. A right of recourse against the employee can only exist via the compensation claim to be proven by you according to § 826 BGB, if the employee intentionally wants to harm you in an immoral manner. As a rule, however, such proof cannot be provided.


There are no rights of retention to the key, even if the wages are outstanding.



With best regards

Lawyer
Thomas Bohle, Oldenburg

Inquiry from the questioner04.03.2018 | 20:59

Dear Mr. Bohle

the answer is a little flimsy. If someone doesn't surrender my property to me, am I entitled to anything other than compensation for lock replacement? Surrender claim? Isn't the behavior of the former employee also relevant under criminal law? Why do I have to pay the lawyer if the employee provokes the claim?

Regards, questioner

Answer to the question from the lawyer04.03.2018 | 21:08

"You have the possibility of the necessary lock exchange and the assertion of the costs as compensation"


Dear person seeking advice,

evidently you did not read my answer correctly, because you have the right to have the lock changed when it is necessary.

The obligation to bear the costs results from the fact that YOU hire the lawyer, so you have to pay him & lpar; § 611 BGB & rpar ;; the non-reimbursement of costs due to the legal condition of § 12a ArbGG & lpar; unless the case of § 826 BGB described by me is present & rpar ;.


When it comes to the question of "poverty", you should, if necessary, reconsider how many questions you have chosen for which application, so that you have deliberately chosen the greatest level of detail.

A criminal relevance is not given according to the current StGB.


With best regards

Lawyer
Thomas Bohle, Oldenburg