Asked in Business Law and Employment Law for Tennessee

Q: I worked for a small bar, for 2-3 months. All 3 employees are off the books. I quit recently, and mailed the key back.

I did not know, the bar gets no mail at the address. I mailed the key, not adding my full address as a return, (didn't want the creeps to have it) and now the key is lost in the mail system somewhere. I stopped at my, and their post office with no luck. The owner of the bar, is threatening to sue me for $300 to re-key the one door.... Can he? I did not intentionlly keep the key from him! Tried to save myself an hour drive to give it back. Help!

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: Lesson learned: do not trust the post office- if you have ANYTHING of importance, send it CERTIFIED Mail so it can be tracked. it costs a little extra, but I am sure you would gladly pay that now. I wouldn't pay for the re-keying the bar ( if he does sue you, the first thing I would do is report him to the IRS and Tenn Department of Revenue for not paying the withholding and unemployment comp on the employees). To be liable for the failure to return the key, he would have to convince the Judge you were negligent/careless and it seems to me that you took reasonable efforts to return the key ( but you should have put a return address). Many people make threats about suing that they never carry out, and it seems to me that filing a lawsuit over $300 I snot worth anyone's time and trouble. If he contracts you again about it, you might tell him that the IRS may find out about his crooked dealings if he pursues things. Don't ask for money ( there is a crime called extortion).

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