Can an ex-employer keep my personal items hostage?
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Can an ex-employer keep my personal items hostage?
I have been terminated by my employer and claims I owe him money. He said that I can have my personal items when I settle with him for what I supposedly owe him. Can he hold my personal items hostage or can I have the police go with me to get them?
Asked on November 27, 2018 under Employment Labor Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
I don't know the nature of your debt to your employer, but unless you had an agreement that allows them to hold your personal items as collateral, then they do not have the right to keep them. At this point, you can file a criminal complaint with the police and sue in civil court for the retuen of your possessions. Possibly if you just threaten police action, your employer will you your things back. That having been said, you may still owe on the debt but that is a separate issue.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, your employer cannot do this, unless you had a written agreement that permitted them to withhold your paycheck under the circumstances. The fact is that a worker must be paid for all hours worked; withholding a paycheck is illegal. At this point, you can sue in small claims court or file a wage complaint with your state's department of labor. You should, however note, this does not mean that you do not owe your employer the money in question. It's just that it is a seperate matter from your having the right to be paid.
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