A lein against company property

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High Flyin
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A lein against company property

Post by High Flyin »

Would anyone know the legalities of putting a lien against a former employers property for unpaid wages? Is it possible?
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Last edited by High Flyin on Fri May 24, 2013 7:21 am, edited 1 time in total.
westcoastwonder
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Re: A lein against company property

Post by westcoastwonder »

Did you mean "a former employer's property"
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Colonel Sanders
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Re: A lein against company property

Post by Colonel Sanders »

Wanna go borrow an airplane tonight? :twisted:

Strange things happen in the dead of night at
small airports. A few years back, a guy crashed
his Cessna at my airport, I think for the insurance
money.

He started it up, got out at the end of the runway,
pushed the throttle in and let it go. It crashed on
the infield, and he had a buddy pick him up and
drive him home, to call it in as stolen.

He didn't care, but he could have hurt someone
by letting a pilotless airplane go flying.
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Bede
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Re: A lein against company property

Post by Bede »

Yes. Call HRDC and they should do it for you. They will get your info, get your employer's side of the story and then take care of it.
Also find out ASAP who the directors in the corporation are. You can go after them if the company goes under. What you can't do is just walk away with an employer's property unless of course you have a good lawyer.

http://www.hrsdc.gc.ca/eng/labour/emplo ... very.shtml
http://www.hrsdc.gc.ca/eng/labour/opd/8 ... ge01.shtml
http://www.hrsdc.gc.ca/eng/labour/emplo ... covery.pdf
http://www.hrsdc.gc.ca/eng/labour/emplo ... arch12.pdf

The other option is sue in small claims court, then place a lien on the property yourself or having a bailiff seize the property. That will take about 6 months though unless the company doesn't file a defense.

Good luck.
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stopbar
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Re: A lein against company property

Post by stopbar »

Good luck with that one, your previous employer knows the system all too well, by the time your done he will have a lien against your ass(ets). (he has been down this road many many times already)

Just keep the spot light on him and the operation and where they move to, and keep the public well informed for the sake of safety and Canadian aviation.
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co-joe
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Re: A lein against company property

Post by co-joe »

Registering a lein on someone's property is not all it's cracked to be. it costs you money and paperwork but they can't legally sell said item untill al leins are cleared. If they never sell it, they never have to pay you. it basically puts the ball in their court so to speak. Last time I looked into it I don't think it was even a government agency that registered the lein. HRSDC (yeah they changed their acronym again...) has nothing to do with it. others here may have more to tell you about recovering lost wages, but it is not easy to have to do, and unless you are owed many thousands of dollars the cost of going after someone will far outweigh the gains you will receive. :(
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Colonel Sanders
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Re: A lein against company property

Post by Colonel Sanders »

I would be willing to wager a large sum of money
that going through normal legal channels will not
be effective with this character, who will disappear
shortly, leaving all sorts of unpaid bills behind him.

He will resurface in another city, where TC will
quickly toss yet another FTU OC at him so that
he can replay the whole sham again.

Must be nice.
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redlaser
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Re: A lein against company property

Post by redlaser »

I went the HRDC way and received the 10 G's owed to me by my former employer, you must have the necessary documents or papers to prove what is owed to you.
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CFR
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Re: A lein against company property

Post by CFR »

Glad you had a successful outcome.
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Meatservo
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Re: A lein against company property

Post by Meatservo »

Colonel Sanders wrote:... he could have hurt someone
by letting a pilotless airplane go flying.
What? Jazz seems to let pilotless aeroplanes go flying quite regularly. They seem to do OK.
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CID
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Re: A lein against company property

Post by CID »

I think you're using the wrong terminology. Unless of course you (for example) did some renovations to his property and there is and outstanding balance. If that was the case, you can place a lien on the property that would prevent him from legally converting that asset until the liens were cleared.

What is commonly done is a bit different. If you have a strong inkling that your job arrangement will be expiring and there is a chance that your employer will leave you without a paycheck, make sure you take home the most expensive tool or item you can get your hands on and sleep with it. (No...not his wife)

If you job dissolves you can either sell the thing and collect the cash or offer to exchange it for what you are owed. It would be difficult for your former employer to collect the item using the law as it's your word against his as to how it got to your house and if you can prove he owes you money, that would come out in court and he would likely be told to exchange what he owes you for the item.

It can be a bit tricky legally but this method has worked successfully (legally) for a few people I've known. I don't know anyone it hasn't worked for.

When it comes to law, possession is king where property is involved but liquid assets (like the wages he owes you) seem to disappear quite easily into the accounts of lawyers and creditors.

In know of one fellow who actually managed to drag a 48 inch metal shear (a nice one) out of the hangar as the place was being locked up. You'd be surprised at what one of those go for!
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