Unpaid Expenses/Wages vs. Company Equipment

[hansenfamily]

The company I work for did not make payroll last month. The CEO says we're out of money, but trying to get more. He says he'll pay us what he owes us IF he can get money. It's highly unlikely that he'll come up with the money and the company will have no choice but to close down. That means I'm out 2 month of expenses and salary.
The CEO knew we were going to run out of money, but did not tell any of us employees. He knew he didn't have money to pay us, but had us keep on working.

Is this FRAUD? Seems to me it is. How should I proceed? DA? Labor dept? Both?

Also, I have access to some company equipment that I've thought about "securing" until I get paid. The total value of the equipment isn't as much as I'm owed, but it would be close if I were able to sell it. Would I be criminally liable if I removed company equipment to serve as collateral for the debt they owe me? It seems that they stole first (my time and expenses). Not that two wrongs make a right, but I would at least get something.

 

[Duranie]

First of all, you need to call the Dept of Labor in your state and file a complaint.

Secondly, look for anothe job. This companty has massive cash flow problems and who knows how much longer they will be in business.


Third, you cannot secure equipment until you get paid. That is and might be considered theft. In the meantime, document everything, all claims this CEO says, and if they do not pay you in a timely matter, you might be eligible for triple damages.

On the other hand, if this company files for BK, then you might be out of luck for a while.

I worked for a company that did the exact same thing. They wound up going out of business, almost overnight. Alot of company equipment turned up missing too, but that did not really help the situation. If it is declared stolen, you then get busted for selling stolen property. Not worth it.