Legal Question in Civil Litigation in Texas

Keeping the company laptop until expense reimbursement is paid

I have terminated employment with a consulting firm that provided a new laptop for my use. The firm has refused to reimburse me for my final expenses in the amount of $700 for which I am entitled. So, in turn, I am refusing to return the laptop until the expenses are reimbursed in full.

The company is demanding return of the laptop and has threatened to charge me with property theft and claims that since the amount of the property is over $500 and spans state lines this would now be a felony.

Do I have legal grounds to uphold my position? Is their claims that I am committing a criminal activity true?


Asked on 12/10/02, 1:00 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Keeping the company laptop until expense reimbursement is paid

They may charge you with property theft but I doubt the charge would stick, considering that they gave the laptop to you to begin with, and you're willing to return it for the final expenses due you.

However, they may file a civil suit for conversion for the value of the laptop plus punitive damages for a deliberate tort.

You are better off returning the laptop and suing them for the money they owe you.

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Answered on 12/10/02, 3:10 pm
Hunt John Urgentlegalcare.com

Re: Keeping the company laptop until expense reimbursement is paid

Thank you for your question. Under Oklahoma law, you might be entitled to claim a lien on the laptop under Title 42, subsection 91, although it is unclear whether your circumstances fit within that statute. It is arguable that you do come within the provisions. If so, in order to perfect your lien you must comply with the provisions by giving the notice required therein. To review the statute go to the following website and click on section 91: http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST42&level=1

Your failure to make a claim as outlined in the statute might be evidence that you are instead committing an embezzelment of their property. So I think you need to either be pro-active in your position or abandon your claim to the property and pursue a civil remedy to obtain what is owed you.

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Answered on 12/10/02, 3:32 pm


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