Can we hold company property until my husband is paid what his ex-employer owes him?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can we hold company property until my husband is paid what his ex-employer owes him?
My husband quit his job. He was owed a reimbursement check for gas and other supplies we had put out of our pocket. The check was due about 3 weeks ago but nobody seems to be able to tell us anything about where it is or when we will get it. So he told them he was done. (other issues lead to this leaving as well), we also have not received his last pay check. We returned just about all company property, cell phones keys, paint, tools, etc. but we still have a few things, because my husband doesn’t want to return the rest of items until we are paid what he is owed but they want to press charges.
Asked on September 25, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You have no right to hold a person's or business's property as payment or security for a debt unless they actually gave you a security interest in the property (e.g. it was collateral for whatever you are owed). Otherwise, you committing a form of theft (e.g. conversion) and may be sued and/or face criminal liability. If your husband is owed money by the company, the proper way to get it is to sue; that includes suing in small claims court, where the costs are much lower (for example, he can represent himself and not need to hire an attorney; the filing fees are lower, too) and where cases also generally more faster. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.