I am owed money by my employer,can i keep paperwork?

Question

I am owed a wages by my employer,which are overdue. I have resigned of the issue and stated that i will keep all paperwork until he settles the outstanding monies.He believes this is illegal, i do not. Can anyone help??

Answer 1

if the paperwork is yours, or you were supposed to be paid to produce the paperwork then no, it is VERY legal to withhold a product pending payment.
if you meant records of what he owes you, that is also legal, and necessary at that!

Answer 2

Dashes said it as it is in most places. There can be reasons for this not to be true but if you produced it it is yours until you give it or it is paid for.

You must keep the product in original condition and protected.

Be ware of threatening letters from suposed lawyers. Some companies will send letters that apear very threatening but are actually saying nothing at all. This is a ploy to get out of any legal action.

If what you are doing is ilegal then you most likely wll receive a seas and so forth order from a judge. This wilol state you have a certain amount of time to return all items.

This is what happened to m. What I had was in part the companies so I did have to return that but it was worthless without the entire package so they did have to pay what was owed pluss other charges to get what was my product.

Many years ago now so things where you are may be different.

Answer 3

You probably are within your rights to withhold paperwork pending payment of wages. Don't even bother to argue with him. Just tell him he has the option of paying you and settling the matter, filing in court or waiting until you file and presenting his issues then. Then, go to your state employment agency or an attorney.

Answer 4

It's debate able I'd say.

On one hand the work you do becomes company property right away, thus your not allowed to keep it. On the other hand the company never paid you for the work so it's not theirs. The deciding factor I think would be that the company can claim the paperwork contains confidential information which is not to be kept by anyone, and it probably would state that in your contact.

Answer 5

Consult with a solicitor.

Generally the fruit of your labor for a company belongs to the company. Whether or not you have a right to withhold that property from the company as security for wages owed to you is a matter of law and only a solicitor can advise you on matters of law.

Answer 6

I doubt its legal
if you were self employed, or employed by the third party as a sub contractor... ie not actually on their payroll then yes what ever you work on is yours

if you were on the payroll, then no everything is the companies / employers. in those circumstnaces its theft or blackmail.

if the amount isnt significant then consider going small claims court route. you need to be able to prove the debt is owed

If you think thge companies fiances are flaky then another option is to sign an affidavit and seek a winding up order.

Answer 7

before everything, you should communicate to the employer you purportedly owe and notice why they say you owe them money. Secondly, debt creditors have few rights. they can't upload fees in any respect despite in the event that they deliver letters or call you, they can't grab assets from you like a bailiff can they could only make tries to recuperate any debt you have. Thirdly, in the event that they are making threatening telephone calls or making distinctive or nuisance telephone calls you could comments them to the employer they signify or the the FSA/OFT. you could tell the debt creditors which you should try this and ask them to give up or basic positioned the telephone down on them while they call. in case you attemd your close by voters suggestion bureau they could have adventure of the debt creditors who're troubling you could could help get them off your back.

Answer 8

If you did the work for him then he owns it, and can charge you with theft and breach of trust. Word will get around, and your professional reputation will be ruined.

Do not listen to anecdotal evidence about what other people did in a similar situation. If your ex suffers any loss because of you withholding paperwork, you can be held liable for any and all losses that he incurs.

Have your solicitor contact him about the payment due to you

Answer 9

I am not a lawyer, merely recounting personal experience, so don't think I'm giving advice - I'm merely sharing an anecdote.

I was in a similar situation - in my case it was a laptop rather than paper.

I wrote to him informing him that if litigation would ensue, I reserve the right to retain company property (in good order) as it could be used in evidence. Then I sued him.

He laid a charge of theft against me - the police refused to get involved in a criminal action (theft) while there was still a civil case unresolved.

I got my money. He got his equipment.
It cost him a lot of dosh - I still have happy memories of the look on his face.
If you're in the UK go through Employment Tribunal - both sides have to waive costs.

Answer 10

Hang onto them, that way you are more likely to be paid. I've been robbed by unscrupulous employers in the past. Tell him to meet you somewhere with your wages in cash and he can have his paperwork. If he wants to go to court he will have to explain why he hasn't paid you, and he won't do that. Trust me!.

Answer 11

You stand a much better chance of getting the monies owed to you if you do everything above board. If the papers you are referring to have to do with his business, and is property of the business, then yes - it is illegal to keep it. It belongs to the company, and you no longer work there. Don't put yourself in a bad situation - hand them over.