What is my legal recourse if due to a personal dispute that is not work related. my boss fired me and is keeping my last check and over $10,000 worth of my tools that I brought with me to the job?
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What is my legal recourse if due to a personal dispute that is not work related. my boss fired me and is keeping my last check and over $10,000 worth of my tools that I brought with me to the job?
I accept responsibility for damages done to a vehicle loaned to me by my boss. It was a personal vehicle from his home, not related to the business at all. Said boss plans to keep my
tools that I purchased prior to working there. He is also going to keep some that I bought while working there that I am still paying on, so those particular tools do not yet actually belong to me. He will keep them until I pay for the damages which he has not even given me a total on. However, I need my tools to work so I can pay my debt to him if the law says I must, for nothing was ever signed regarding the use of the vehicle he says I owe for. The labor board said they couldn’t help me, so I need some advice.
Asked on July 13, 2016 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Your boss may terminate you for damaging his personal vehicle. He may also, if you were at fault in damaging it (e.g. driving carelessly) sue you for the damage, such as for its repair cost. What he can't do is keep your tools, unless yiuvgave him pernission to do so. Otherwise, what he is doing is a form of theft (taking something which does jot belong to him). Try contacting the police; they may be able to help you. If they cannot, you can sue him for the return of the tools or their monetary value. To get a resolution in a reasonable time, you would need to bring the suit on an "emergent" (think "emergency" or "urgent") basis, which can be procedurally complex. Ideally, get an attorney to help you; if you can't afford one, ask the court clerk for instructions.
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