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Read the details… Is it legally stealing if its being thrown out?

You have instructions to throw out an object. Instead of discarding it you take it home. The item was going to be thrown out if you were there or not. It just never touched the dumpster. The company considers it stealing. Does the law consider it stealing?

Unfortunately, yes. You were instructed to throw it out, and you didn’t…you took it home, so you in effect stole it. Now, if you had discarded it, and then went back and took it, that would be fine because at that point, it would be considered abandoned property. As it never left your possession, it was never abandoned/discarded/thrown out. As an employee, you were under instructions by your employer to throw it out…you did not. That’s where the problem lies.

BC2 Squadplay Moments #5 Dumpster Diving [HD] Bad Company 2