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  1. #1
    Join Date
    Oct 2020
    Posts
    1

    Default Company Didn't Pay Me Until Termination, So I Kept Their Property. Legal

    Hi everyone. Thank you for your answer in advance.
    I have a situation here. I am an independent contractor (registered as a corporation) in Ontario and worked for a company in Barbados. It was operated as an off-shore tech company.
    The company terminated my contract randomly and did not pay me for 1 week. And they said they wouldn't be paying me any more dues until termination even though i sent them an invoice.
    Since I had their property (monitor etc.), I decided not to give it until they pay me my dues. I had told this to them verbally, so they said to go to court if you want the money from them (all verbal conversation). Now they emailed me asking for the company property back. They owe me around $1500 but I have their property which is worth more.

    I have the following questions:
    1. What should I do?
    2. Can they sue me or do a case against me from Barbados? If they had to do a case which jurisdiction will it apply to?
    3. I haven't signed any documentation as to obtaining these company properties from them. It was all verbal and they gave it to me before the covid shutdown and going for work from home mode.
    4. If they create a legal case, then can I just tell the court that because they didn't pay me my dues, I held on to the company property?
    5. Can I just stop replying to them?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Company Didn't Pay Me Until Termination, So I Kept Their Property. Legal

    Quote Quoting crazy11
    View Post
    Hi everyone. Thank you for your answer in advance.
    I have a situation here. I am an independent contractor (registered as a corporation) in Ontario and worked for a company in Barbados. It was operated as an off-shore tech company.
    The company terminated my contract randomly and did not pay me for 1 week. And they said they wouldn't be paying me any more dues until termination even though i sent them an invoice.
    Since I had their property (monitor etc.), I decided not to give it until they pay me my dues. I had told this to them verbally, so they said to go to court if you want the money from them (all verbal conversation). Now they emailed me asking for the company property back. They owe me around $1500 but I have their property which is worth more.

    I have the following questions:
    1. What should I do?
    2. Can they sue me or do a case against me from Barbados? If they had to do a case which jurisdiction will it apply to?
    3. I haven't signed any documentation as to obtaining these company properties from them. It was all verbal and they gave it to me before the covid shutdown and going for work from home mode.
    4. If they create a legal case, then can I just tell the court that because they didn't pay me my dues, I held on to the company property?
    5. Can I just stop replying to them?
    This board only addresses law in the US. But if you were in the US you could not retain their property to offset your claims in a dispute with them.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Company Didn't Pay Me Until Termination, So I Kept Their Property. Legal

    Quote Quoting crazy11
    View Post
    They owe me around $1500 but I have their property which is worth more.
    In the US you would have a civil case against them for the money and they have a criminal case against you for theft for which you could end up in jail.

    I suggest you return the property before you get arrested and then deal with the money through the courts.

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Company Didn't Pay Me Until Termination, So I Kept Their Property. Legal

    This is a matter covered by Barbados law.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Company Didn't Pay Me Until Termination, So I Kept Their Property. Legal

    Quote Quoting eerelations
    View Post
    This is a matter covered by Barbados law.
    The OP is located in Canada. So is the property. Barbados would have no jurisdiction over either. Barbados would have jurisdiction over the money part of it.

  6. #6
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Company Didn't Pay Me Until Termination, So I Kept Their Property. Legal

    Quote Quoting llworking
    View Post
    The OP is located in Canada. So is the property. Barbados would have no jurisdiction over either. Barbados would have jurisdiction over the money part of it.
    OK got that now.

    OP, keeping the company's property is illegal in Canada. If they wish, they may sue you for the value of the property, and they would probably win. They can do this in Canada. They can also contact your local police department and ask the police to arrest you for theft. Whether or not the police actually do arrest you is unknown. If the property is worth more than $1500, it is likely the police will at least e serious thought to arresting you.

    Regarding your pay, you are free to sue the company for it. You will probably have to do this in Barbados.

  7. #7
    Join Date
    Jan 2011
    Posts
    401

    Default Re: Company Didn't Pay Me Until Termination, So I Kept Their Property. Legal

    Does the monitor have to be shipped from Canada to Barbados? International shipping isn't cheap even on small, inexpensive items, and something like a monitor would have to be well-wrapped, double-boxed, etc. to ensure it arrives undamaged. I'd request a pre-paid shipping label from the company plus cost of packaging.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Company Didn't Pay Me Until Termination, So I Kept Their Property. Legal

    Quote Quoting bcr229
    View Post
    Does the monitor have to be shipped from Canada to Barbados? International shipping isn't cheap even on small, inexpensive items, and something like a monitor would have to be well-wrapped, double-boxed, etc. to ensure it arrives undamaged. I'd request a pre-paid shipping label from the company plus cost of packaging.
    I definitely agree with that.

  9. #9
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Company Didn't Pay Me Until Termination, So I Kept Their Property. Legal

    I'd pump 110V into the 12v input and then ship it to them with only gift wrapping and their postage paid label on it...and don't forget to scrub the hard drive.

  10. #10
    Join Date
    Sep 2020
    Posts
    178

    Default Re: Company Didn't Pay Me Until Termination, So I Kept Their Property. Legal

    Quote Quoting Harold99
    View Post
    I'd pump 110V into the 12v input and then ship it to them with only gift wrapping and their postage paid label on it...and don't forget to scrub the hard drive.
    What a moronic thing to suggest. I understand that you posted it merely as what you would do, but the implication is clear.

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