Bankrupt employer - can I keep my laptop to secure unpaid wages?

My former employer, fell two weeks behind in payroll, on Jan 3rd after taking two weeks of vaction, I gave him notice that until he got me current on my pay and expense's, I would no longer be returning to work. I believe they are now entering into bankrupcy, and while I plan to file a claim for unpaid wages, it does not allow for expense's.

Can I file a mechanics lien for unpaid expense's, against the laptop I was issued(of which I am still in possession of)?

My employer has stated that the bankrupcy court is going to order that it be returned as it is a asset of the company.

1 answer  |  asked Mar 15, 2001 8:29 PM [EST]  |  applies to Texas

Answers (1)

Margaret A. Harris
Keeping company property might be theft

That's a new one on me -- a mechanic's lien. Are you a mechanic? Did you service the laptop as part of your job -- or was it a tool for you to use to accomplish your job?

I don't know much about mechanic's liens, so you should check with a consumer lawyer before you make your ultimate decision. But the argument doesn't sound very promising to me. And you sure don't want to face theft charges for refusal to return property that doesn't belong to you.

margie harris

posted by Margaret A. Harris  |  Feb 21, 2001 09:58 AM [EST]

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