I am working for a contractor in state of Texas he has not paid me I have his tools can I keep them until he does pay me

I have been working for a
contractor he has not paid me any
money I live in state of Texas I
have his trailer and tools can I
keep them until he does pay me

Asked on July 9, 2017 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No you cannot keep your ex-employer's tools. Even though you are owed money, you cannot take their property as collateral for payment. If you do not return them, he can file a criminal complaint for theft or "conversion" (this is when a person lawfully obtains possession of another's property but then converts it for their own use and without the owner's permission). What you need to do in order to receive all compansation owed you is to sue your former employer in small claims court and/or file a complaint with your state's department of labor.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No you cannot keep your ex-employer's tools. Even though you are owed money, you cannot take their property as collateral for payment. If you do not return them, he can file a criminal complaint for theft or "conversion" (this is when a person lawfully obtains possession of another's property but then converts it for their own use and without the owner's permission). What you need to do in order to receive all compansation owed you is to sue your former employer in small claims court and/or file a complaint with your state's department of labor.


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