Posted on 03/14/2016 10:21:55 PM PDT by cornfedcowboy
Here is my dilemma. My brother Jimmy worked for a small tech and robotics integrator for two years. His employer notified him in one day that it would be his last. Jimmy lives in U.S. and his employer lives in French Canada. The next 24hrs the bank trustee shut all things down and has recently put the up for sale. Meanwhile I have a very nice computer they own but have yet to mention they would like it returned. also, the still owe Jimmy $15,00 The question: It has information on my laptop that they already have on the main computer in the office.Does he download all pertinent information to a driver and send them back the office? Jimmy wants to keep the computer because it has plenty of family photos and information.
FYI The company filed bankruptcy. Chapter 11
Correction: The co. owes Jimmy $15000 that he is liking not to get.
I would keep the computer until he gets paid!!!
How does he delete the work files off the computer? Send them to a outside drive and mail back to them?
Sounds like neither Jimmy, nor you, owe these people any courtesies at all.
Jimmy should download his personal photos and info, and assume the computer and work info is property of the company.
“Jimmy should download his personal photos and info, and assume the computer and work info is property of the company.”
Yes. That.
Ask Sen. Cruz to intervene, he speaks Canadian.
The computer is not his, it is the company's property, or likely more correctly the creditor's. It shouldn't have family photos and other personal information on it. If he wants to play dumb and say no one said where to send it, that is his choice, but it is still theft. You don't get to unilaterally seize property in a bankruptcy, you have to file with the court and the assets will be divided.
If the money owed is salary for hourly wages, that would be most likely paid first and in most localities if not completely paid he can sue executives personally for the balance.
He should remove the personal data from the computer and contact the court for where to take the computer. He can include a statement that he will accept the computer as partial payment, assigning a fair market value to it. Judges like reasonable people and honest people. Removing any assets or diminishing those assets (removing company data or making unauthorized personal copies) is a bad idea.
If the money owed was salary, that puts him second in line, but still ahead of most others. If the money owed was anything else, then the terms of the agreement may have some strength, but overall he is part of the pack of creditors and most will lose money on the deal.
Hope this helps, but with limited information, I did my best.
I concur.
Most likely your brother will not get the money he is owed. Was he an employee of the company or was he 1099 billing the company? If he was 1099 billing the company then he probably has a better chance because he becomes one of the creditors, at least I believe that would be the case.
You can usually consult with an attorney for no charge to describe the situation, or perhaps a nominal fee. But that would be the way to start. The chances of the right person, to answer these questions knowledgably, even seeing this thread are slim at best.
Snark
Back in the day the moving company I was with told us they couldn’t pay us that day (payday for two weeks). I know I went up to the offices with the other guys, but honestly don’t recall if I was one that started to unhook computers and grabbing other things that I thought were valuable. I may have - I was just out of college and might have been that stupid.
They ended up paying us, and nobody was let go or disciplined. I’m guessing things have changed in thirty years!
If not his property, return the computer. It is not his. He will feel good having done the right thing. He will always feel a little dirty each time he uses the computer.
Let's just say things were done correctly and professionally and I was given, say, even a week's notice so BOTH the company and I could settle up what needed to be settled? That would seem a much more civilized choice.
Companies so mismanaged they give their employees one day's notice before going under really don't deserve any thoughtful consideration. Just my opinion ...
I’m no lawyer, but if someone were to slip me key names, I would ‘out’ the creeps. Of course, you would never do anything like that. But someone reading this might.
Kingu has it correct.
Your morals are not dictated by others bad management or poor behavior. They are yours to control. It is property that does not belong to you.
Tell him to watch office space and ask... what would milton do?
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