Legal Question in Employment Law in California

NON payment

I was employed on a part time basis as a bookkeeper for a private individual. He owes me over $10,000 and keeps stalling on payment. Today he showed up at my house and said that I was fired and he wanted to pick up all of his paperwork. He threaten me with a sherif if I didn't give him the files. I am afraid that if I return him the files he will not pay me.

I wanted to know if he is allowed to come and take the files with a sherif and can I hold his files until he pays me?

Thank you


Asked on 8/04/04, 7:33 pm

2 Answers from Attorneys
Thomas Pavone Pavone & Cohen

Re: NON payment

In light of the amount owed, it would be prudent for you to seek advice from an attorney in your area. The books and records belong to the employer and generally you have no right to retain them after you are terminated. If the wages are owed and are collectable, retaining his property won't assist you in colleciton and may subject you to damages

If you would like to discuss your case further, feel free to call.

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Answered on 8/09/04, 4:33 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: NON payment

The files (or a portion of them) may be yours, especially if if you're an independent contractor. You'll need to consult with an attorney to determine the best course of action.

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Answered on 8/09/04, 4:43 pm


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