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Kirby v. Foster | 17 R.I. 437, 22 A. 1111 (1891)
When an employee isn’t paid what he feels he is due, he may try to remedy the situation himself when presented with an easy opportunity to do so. In Kirby versus Foster, we’ll explore whether an employer could use force to retake money that its employee had taken, allegedly in satisfaction of money the company owed the employee.
In eighteen eighty-eight, fifty dollars went missing from Providence Warehouse Corporation. The corporation’s bookkeeper, George Kirby, was held responsible, and the money was deducted from his pay. Following the advice of his lawyer, when the corporation gave him money to pay the help, he pocketed his current pay plus fifty dollars and returned the rest to Samuel Foster, the corporation’s manager. Kirby explained to Foster that he had received his pay, he was leaving, and he was following his lawyer’s advice. Foster and his son, who was also an employee, then seized Kirby to attempt to reclaim the money. The group struggled, and Kirby was allegedly injured.
Kirby sued the Fosters for his injuries in a Rhode Island state court, where the jury returned a verdict in his favor. The Fosters petitioned the Rhode Island Supreme Court for a new trial, claiming that Kirby embezzled the money and that they were justified in using force to retake it.
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