Judge rules former employee may keep work jacket

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When you leave your employer, most people return their work clothing. Many consider this no more than normal. However, a judge ruled that a former employee is allowed to keep their work jacket. In this article, I explain why the judge made this decision and how employers can ensure they get their work clothing back.

Judge rules former employee may keep work jacket
Photo: Sasun Bughdaryan – Unsplash

Invoice for the work jacket

Let’s first go back to the case itself. On December 21, 2021, a former employee of a Dutch logistics company received a summons from his previous employer. The employer had sent him an invoice for €84.25 for the work jacket the man had worn during his employment. Even though the jacket had the company logo on it, the former employee refused to return it or pay the invoice. The employer then took the case to the subdistrict court. The logistics company demanded that the former employee pay for the jacket, including interest, collection fees, and legal costs.

Since no agreement had been made when the jacket was delivered, the former employee argued that he was not obliged to return it or pay for it. He also requested reimbursement for the expenses he incurred in defending himself in the legal proceedings. Furthermore, the ruling mentions that the man wanted the company to leave him and his family alone. Apparently, they had frequently harassed him and his family, though the ruling does not specify exactly how this occurred.

 

Judge rules former employee may keep work jacket

The company admitted that no agreements had been made regarding the return of the jacket. Therefore, the judge ruled that the former employee was not obligated to return it. According to the judge, the employer should have explicitly stated, either verbally or in writing, that the jacket was on loan. Additionally, the employer should not have sent an invoice just because the jacket was not returned. Moreover, the company had not set a deadline for returning the jacket, which meant they could not claim damages.

As a result, the judge determined that the employee could keep the jacket and did not have to pay the invoice. He was also not required to pay statutory interest, legal costs, or collection fees. These costs were therefore borne by the employer.

 

Judge’s ruling has consequences

I find this ruling remarkable, especially since the jacket has a logo on it. This clearly identifies it as company clothing and, therefore, as company property. However, in this case, the judge primarily focused on the communication surrounding the jacket. The jacket’s characteristics themselves were apparently less important.

I wonder whether the judge considered the potential consequences. After all, there’s a reason companies want their clothing returned. When someone wears clothing from a particular organization, they could potentially mislead others. For instance, someone wearing a jacket with the logo of a logistics company could claim they are there to pick something up. Or they could pretend to help with a move and then take the items themselves. While the chances of this happening might be small, it has happened in the past.

That being said, according to the judge, what matters most is that companies are clear about the use of the clothing. So employers, make sure to put this in writing. It can save you a lot of trouble.

 

Best regards,
Aileen

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