Legal Question in Employment Law in California
Can I put a lien on company equipment (laptop) in my possession against back wages not paid by the company I was laid off from?
2 Answers from Attorneys
You'll get a lien when you sue, win, and obtain a judgment against a person or company. If you refuse to return company property, it is stealing for which you could be sued or arrested. Bring your wage claim by suing, or filing with the Labor Commissioner. If serious about hiring counsel to help you in this, feel free to contact me.
No, you cannot use someone else's property as hostage to obtain money owed to you. The proper procedure is to obtain a judgment for the money owed against the employer. If the employer refuses to pay the judgment, only then can you place a lien on property owed by the debtor by getting a "writ of execution" issued by the court.
Related Questions & Answers
-
I am being bullied at work. Can I take legal action? Asked 5/07/12, 8:49 pm in United States California Labor and Employment Law
-
How far back can overtime acrue before it is lost? Asked 5/05/12, 9:04 pm in United States California Labor and Employment Law