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Haven't been paid but I still have company equipment, Utah

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  • Haven't been paid but I still have company equipment, Utah

    Payday was Nov. 16. It is now Nov. 20 and we haven't been paid. We were promised a partial check today and have been told the company will shut down. I have a company service truck, iPad and phone. What are the consequences if I hold these items? I know that, technically, I am not supposed to, but, technically, they are supposed to pay me.

  • #2
    If you don't return the equipment, company officials can report it stolen and you may be visited by the police.

    I don't know anything about Utah but the usual place to state is filing a complaint with the state labor board for nonpayment of wages.

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    • #3
      Your holding the equipment and their owing you wages are two unrelated events in law.

      If they owe you wages, you can file a claim for unpaid wages, but it does not give you the right to hold onto their equipment. They can still sue you, and they will likely win.

      Likewise, if you have equipment belonging to them, they can sue you for it, but it does not give them the right to hold onto your wages. You can still file a claim with the DOL, and you will likely win.

      The law does not equate the two. You are each responsible to give to the other what is owed, regardless of what the other owes you.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Filing a wage claim Utah:

        http://laborcommission.utah.gov/medi...%20Revised.pdf
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