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John
John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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I have a former employee who is owed commissions and is

Customer Question

I have a former employee who is owed commissions and is witholding company property (laptop/ipad). Our company is not financially able to pay commissions until we receive some customer payments, at which point we will make payment. Is what he is doing legal?
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.

No, it's not legal what he is doing. Your best recourse would be to sue in small claims for an action of replevin; i.e. to force him to give back property that you essentially had on loan to him. You could also try to file a police report, likely though, thy will tell you it's a civil matter and to file in civil court.

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