Anticipated witholding of final paycheck

[lunartech]

What is the name of your state? California

I have resigned a position with a company, I gave two weeks notice and attempted to end the relationship amicably.
I left the company for a number of reasons however one of the primary reasons is they were definately in financial trouble, as a result on numerous occasions, employees were not paid on time and often were given paychecks which would not clear when presented.
I am 95% certain that my final paycheck will either not be issued or will not clear, however I am currently holding a number of devices at my home that belong to the company which if sold could account in excess of my final compensation.
Is it legal to wait for a specified time to recieve my final paycheck and hold this equipment in lieu of said paycheck?
Then if time elapses would it be legal to sell the equipment to gain my final compensation then turn any excess back over to the company?
I am an honest man and have no desire to cheat this company however I feel that I could be within my rights to leverage this equipment against my final paycheck which I do need as I was unable to find a new workplace in time to offset the changing of employers.
Thank you.

[BelizeBreeze]

Originally Posted by lunartech

What is the name of your state? California

I have resigned a position with a company, I gave two weeks notice and attempted to end the relationship amicably.
I left the company for a number of reasons however one of the primary reasons is they were definately in financial trouble, as a result on numerous occasions, employees were not paid on time and often were given paychecks which would not clear when presented.
I am 95% certain that my final paycheck will either not be issued or will not clear, however I am currently holding a number of devices at my home that belong to the company which if sold could account in excess of my final compensation.
Is it legal to wait for a specified time to recieve my final paycheck and hold this equipment in lieu of said paycheck?

Illegal conversion is NEVER legal.

Then if time elapses would it be legal to sell the equipment to gain my final compensation then turn any excess back over to the company?

Theft is never legal.

I am an honest man and have no desire to cheat this company however I feel that I could be within my rights to leverage this equipment against my final paycheck which I do need as I was unable to find a new workplace in time to offset the changing of employers.
Thank you.

I guess every thief in the world feels as entitled as you do. That still does not make it legal or right. The equipment belongs to the company. Return it. IF the ocassion arises that you do not receive your last check when the normal pay period arives, file a complaint with the state Department of Labor. If the check arrives but bounces, file charges with the district attorney.

[lunartech]

Not feeling great about the accusation however the different perspective was helpful.

Knowing full well that I have a rent payment due about the same time I am not going to be recieving my final compensation tends to skew my perspective and values.

The unkown variable here is that this company has clearly demonstrated the ability to cheat anyone (clients, contractors, employees) of their money and I have been told, quite plainly that I will not recieve my final paycheck from the owner of the company, however the comptroller has assured me he will do all in his power to see to it that I do, which he freely admits he may be unable to exert enough power to ensure this takes place.

All I want is the money I worked for so I can pay my rent and keep food on the table.

[BelizeBreeze]

Originally Posted by lunartech

Not feeling great about the accusation however the different perspective was helpful.

Knowing full well that I have a rent payment due about the same time I am not going to be recieving my final compensation tends to skew my perspective and values.

The unkown variable here is that this company has clearly demonstrated the ability to cheat anyone (clients, contractors, employees) of their money and I have been told, quite plainly that I will not recieve my final paycheck from the owner of the company, however the comptroller has assured me he will do all in his power to see to it that I do, which he freely admits he may be unable to exert enough power to ensure this takes place.

All I want is the money I worked for so I can pay my rent and keep food on the table.

Then follow the law instead of breaking it. Sorry to be harsh, but you are contemplating a crime. That's exactly what I'd tell you if you were in my office (except for a few choice words also)

[Gadfly]

I understand that you need to pay your bills, but didn't your mother ever tell you two wrongs don't make a right?

You had best be looking for a replacement job and discussing your situation with your landlord.

Regardless of your employer's bad habits, if you take company owned equipment, you can be arrested for stealing and he can sue you and he will win. Do yo want that on your record?