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How to I get my employer to pay me? |
The company I work for is in debt, and my employer could care less that he hasn't paid me in 6 weeks: $2000 of back pay. What can I do? I know I can report him to the labor department, posibly take him to court....I'm needing some advice from people who have had a similar problem. He may not be afraid of the police, but he better be afraid of the state employment office and FISA. If he's not paying you, he's not paying your social security. That's a federal crime and the debt is not relieved by bankruptcy. Does the company have assets? or rather assets that are not already liened? You could sue for a judgement of what is owed you and place a lien against company assets. However, if hasn't paid, he probably hasn't paid others as well. And you know of going to labor department to make a claim, do that too. I'd be looking for another job and not putting in more time if he is not paying me. There is the old saying that you can't get blood from a turnip. If the company is in debt and liabilities outnumber outsets, then you are in a bad situation. There is a question as to his personal assets and whether you can "pierce the corporate veil". So if he has personal asseets and he is very involved in the business as to it being more a personal business (no shareholders or shareholders are family) then you might be able to go for some of his personal assets. you can file a claim wtih the labor commission and/or sue him, but if he doesn't have the money, he doesn't have the money. his next step is probably bankruptcy, in which case you will have a priority unsecured claim for wages earned but unpaid w/in 180 days of the filing, but there's a good chance that you will still end up with the hole in the bagel. You have the answer already. File a claim with the labor board. Better Business Bereau, small claims court, that is going to be your best move, at this point. |
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