Employer closed company and didn't pay me
jamesp1983
Member Posts: 2,475 ■■■■□□□□□□
The training company I worked for closed the doors and didn't pay any of the employees our last pay check. The company had their assets frozen as well. Is there anything I can do? I feel like if I go to a lawyer I'll end up spending more on the lawyer than I'd get for pay from my ex employer. Any suggestions?
"Check both the destination and return path when a route fails." "Switches create a network. Routers connect networks."
Comments
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contentpros Member Posts: 115 ■■■■□□□□□□You can try and file a complaint with your state's board of labor (assuming you are in the states) if the employer really did go **** up and had there assets frozen you may be out of luck but it may be worth it to at least file the grievence (and your unemployment claim) so if the state does take action (sadly, doubtful) at least your name is on the list.
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MattMcNabb Member Posts: 48 ■■□□□□□□□□I attended said training facility and was currently interning there and am very upset by the news of the closing. The students had no warning and the employees can't even enter the building to collect their personal belongings. I sympathize completely with your situation but unfortunately have no advice better than what was already given.“It is the job that is never started that takes longest to finish.”
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eMeS Member Posts: 1,875 ■■■■■■■■■□Which training company is this?
Like most things in life, persistence pays. It may take a while to get your money, but if you stick to it it might work....
Here's what I would do:
1) As mentioned, contact whatever state agency handles this in your state an follow their process.
2) Send a letter to the owners, describing the amounts owed and demanding payment. Send it certified mail.
3) File small claims cases (if it fits within those limits) against the company and against all owners personally. It's easy and inexpensive to file these, and you will likely get a judgment in your favor. You can then lien against any real property owned by these people. When they go to sell their house, or whatever, guess what, it doesn't sell unless you're paid.
4) If they went bankrupt, make sure that you file a claim as a part of that process. In a bankruptcy it depends on when the wages were earned relative to the filing (as discussed in another thread). Bankruptcy filings are public, and there are clearly defined bankruptcy courts. You should be able to get their attorney information as well as which bankruptcy judge is handling it. Then you will need to get yourself on the list of priority claimants or whatever they call it.
5) File a formal letter of complaint with whichever agency in your state handles business filings. Name the owners specifically.
6) It goes without saying, carefully document every move you make....
You can probably think of several other things that you can do as well. Many will be time-consuming, but low cost. Basically, in order to get your money you have to become more of a pain in any owners side than they can tolerate.
Personally I'm very ruthless when it comes to any time anyone owes me money. I will make someone's life a living hell over $20 if I have to. Just as bullies only really understand overwhelming and devastating aggression, people who don't pay their debts only really understand being regularly and thoroughly tormented.
Sadly human contempt and lack of integrity knows no bounds; if you want your money then you may need to be prepared to bother someone for a really long time.
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Forsaken_GA Member Posts: 4,024The only thing you can do is consult with a lawyer and find out what your options are. I'm not sure if payroll is considered a secure debt. If so, you could probably get at least part of your paycheck when the company's assets are liquidated, but if they've had everything frozen, it's doubtful they could pay you even if they wanted to.
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Kaminsky Member Posts: 1,235Depending on how the company was organised, the owner may not owe you anything; his company will and if they have gone bust, you will guys will be the same as any other creditor and have to put in claims to the receivers.
That's assuming it just went bust. If they just said sc.ew it then you can still sue them under small claims.Kam. -
Pash Member Posts: 1,600 ■■■■■□□□□□I cant offer anymore adivce over what eMes has already mentioned but I had the complete opposite work in my favour a few years back. Training company I was training with went backrupt and I had some outstanding payments owed to them, seemingly they didn't wan't to recall the rest of the payments and I was left with no debt to them.DevOps Engineer and Security Champion. https://blog.pash.by - I am trying to find my writing style, so please bear with me.
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eMeS Member Posts: 1,875 ■■■■■■■■■□Depending on how the company was organised, the owner may not owe you anything; his company will and if they have gone bust, you will guys will be the same as any other creditor and have to put in claims to the receivers.
That's assuming it just went bust. If they just said sc.ew it then you can still sue them under small claims.
This is not true in the states with respect to wages. If he is a contractor then it may apply.
If the company is bankrupt, then it depends on when the wages were earned relative to the bankruptcy.
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jamesp1983 Member Posts: 2,475 ■■■■□□□□□□the company hasn't filed bankruptcy yet."Check both the destination and return path when a route fails." "Switches create a network. Routers connect networks."
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jamesp1983 Member Posts: 2,475 ■■■■□□□□□□eMeS, thank you!! I will be contacting the DoL today."Check both the destination and return path when a route fails." "Switches create a network. Routers connect networks."
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CompuTron99 Member Posts: 542jimmypizzle83 wrote: »eMeS, thank you!! I will be contacting the DoL today.
Yes. That would be my first move. The DoL will point you in the right direction.
This type of stuff is happening all over the place. Although I've mainly seen restaurants and pubs do it.
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jamesp1983 Member Posts: 2,475 ■■■■□□□□□□They informed me that I wasn't the first person to report this company. They are having me come in to fill out a Wage Claim form."Check both the destination and return path when a route fails." "Switches create a network. Routers connect networks."
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Kaminsky Member Posts: 1,235jimmypizzle83 wrote: »They informed me that I wasn't the first person to report this company. They are having me come in to fill out a Wage Claim form.
Sweet !
Did they give you any indication if you would get this money quickly or not ?Kam. -
eMeS Member Posts: 1,875 ■■■■■■■■■□So what happened with these guys? Did the economy get them, or did the wheels fall off of the bus for some other reason?
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Turgon Banned Posts: 6,308 ■■■■■■■■■□jimmypizzle83 wrote: »The training company I worked for closed the doors and didn't pay any of the employees our last pay check. The company had their assets frozen as well. Is there anything I can do? I feel like if I go to a lawyer I'll end up spending more on the lawyer than I'd get for pay from my ex employer. Any suggestions?
Totally appalling situation and I hope some legal advice can help you out here. Are you looking to get another training gig or something in support now? -
jamesp1983 Member Posts: 2,475 ■■■■□□□□□□Sweet !
Did they give you any indication if you would get this money quickly or not ?
nah, but i hope i get it quickly. bills are waiting to be paid."Check both the destination and return path when a route fails." "Switches create a network. Routers connect networks." -
jamesp1983 Member Posts: 2,475 ■■■■□□□□□□CompuTron99 wrote: »Yes. That would be my first move. The DoL will point you in the right direction.
This type of stuff is happening all over the place. Although I've mainly seen restaurants and pubs do it.
Good Luck.
Thanks!"Check both the destination and return path when a route fails." "Switches create a network. Routers connect networks." -
jamesp1983 Member Posts: 2,475 ■■■■□□□□□□Totally appalling situation and I hope some legal advice can help you out here. Are you looking to get another training gig or something in support now?
I found another job as an implementation specialist. I might try to do some more training part time."Check both the destination and return path when a route fails." "Switches create a network. Routers connect networks."