My question involves criminal law for the state of: Kentucky
1) I worked for a Contractor as a Subcontractor, however the IRS would reclassify me as an employee.
2) While removing an item from home, minor paint rub damage occurred to exterior door.
3) Door was to be painted anyway so I made arrangements with customer to paint door free of charge.
4) Contractor found out and he chose to replace the entire door, when a paint job would have remedied the problem.
5) Contractor kept a considerable amount (1000s) of my wages without my consent.
6) I had a few tools of the contractor in my possession that I retained as indemnification against the loss.
7) Contractor took tools of mine from customer's job site without my consent and has not returned them.
8) In the last email I sent to him I offered a settlement amount of my wages for his stuff or that we could just keep what each other had and go our separate ways.
9) Contractor never responded so i assumed he chose option 2.
10) Contractor never demanded surrender of his tools regardless if there was a settlement or not.
11) Contractor filed criminal theft charges on me a month later.
12) Contractor did not state in police report that he kept my wages or that we had been in negotiations. The only thing he stated was that I quit and took tools.
13) By Kentucky law, contractor committed theft of services because he allowed me to work for 2 weeks knowing he was going to retain wages. Basically the law states that if he allowed me to work knowing that my services were only for profit, he is guilty of the exact same level of violation that I've been charged with.
I have no criminal record and this whole thing has me sick to my stomach. Obviously I need legal council and I am in the process of that. Just looking for some professional opinions to hopefully abate the anxiety that I'm going through.
1) I worked for a Contractor as a Subcontractor, however the IRS would reclassify me as an employee.
2) While removing an item from home, minor paint rub damage occurred to exterior door.
3) Door was to be painted anyway so I made arrangements with customer to paint door free of charge.
4) Contractor found out and he chose to replace the entire door, when a paint job would have remedied the problem.
5) Contractor kept a considerable amount (1000s) of my wages without my consent.
6) I had a few tools of the contractor in my possession that I retained as indemnification against the loss.
7) Contractor took tools of mine from customer's job site without my consent and has not returned them.
8) In the last email I sent to him I offered a settlement amount of my wages for his stuff or that we could just keep what each other had and go our separate ways.
9) Contractor never responded so i assumed he chose option 2.
10) Contractor never demanded surrender of his tools regardless if there was a settlement or not.
11) Contractor filed criminal theft charges on me a month later.
12) Contractor did not state in police report that he kept my wages or that we had been in negotiations. The only thing he stated was that I quit and took tools.
13) By Kentucky law, contractor committed theft of services because he allowed me to work for 2 weeks knowing he was going to retain wages. Basically the law states that if he allowed me to work knowing that my services were only for profit, he is guilty of the exact same level of violation that I've been charged with.
I have no criminal record and this whole thing has me sick to my stomach. Obviously I need legal council and I am in the process of that. Just looking for some professional opinions to hopefully abate the anxiety that I'm going through.
Theft and Larceny: Charged with Felony for Theft when They Stole from Me First
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