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Anticipatory Repudiation

Let’s say that I accept employment with a company. Let’s say that for various reasons, that company fails to pay me. Let’s say that my job for that company involved writing code. Let’s say that I am given responsibility for a fairly major project for a client.

After a while, after several requests to meet and resolve the payment issue (which are ignored), let’s say that I remove all code that I’ve written from the company’s servers with the notice that it will be restored in full when I am paid. Postulate that they are months overdue and owe me several thousand dollars.

Let’s say that their response is to claim that my action is criminal sabotage and to threaten to take me to court. My goals in that situation would be to come out of this paid for my work and without a criminal record.

Does anyone here know for exactly what my legal position would be? Legal advice would be greatly appreciated, especially as it pertains to the laws of Massachusetts.

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