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Old 05-28-2015, 01:26 AM
 
8 posts, read 6,299 times
Reputation: 10

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Long story short.I would like to know what happens when you dont get paid for months and you report your employer at the department of labor?All these things happend last year.My company has closed down..I was still talking to my boss after that and she was promising me that i will get paid, but after a while she just stopped talking to me.I reported them at the department of labor.I.I know they got my report because they told me they already had a case against that company.I just want to know what to expect?I didnt heard anything about my case since january.Is that normal?Is there any chance i will see any money? I would be grateul for any informations
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Old 05-28-2015, 08:02 AM
 
Location: Paradise
4,876 posts, read 4,210,962 times
Reputation: 7715
Did you try contacting the Dept. of Labor to get an update?
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Old 05-28-2015, 08:20 AM
 
185 posts, read 196,505 times
Reputation: 980
Investigations from the DOL take a long time. You may gets some money if there is any money to be had.
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Old 05-28-2015, 08:22 AM
 
6,460 posts, read 7,803,024 times
Reputation: 15996
First thing is that I would of course check with the DOL on the status.

Aside from that, I doubt you'll see any money unless the people at the company decide to pay you. You have few options to collect legally.

I assume this was a legally organized corporation (an LLC, Incorporated, etc.)? If so, no person is liable to you or anyone. The corporation is its own entity. If the corporation filed with the State to be abolished and has been, I don’t see what you can do. If not, you may be able to file a small claims suit (depending on the amount owed). But even if you file and go through all that and win, enforcing payment can be a pain too. And if they are not in business or have any assets, they can’t pay. The owners can drop it and do nothing or abolish the corp legally and simply file to start a new corp.

Best you can do is try to work with the owners – you’ll catch more bees with honey sort of thing. If you can establish contact again, maybe suggest a payment plan. Or if the honey thing isn’t working, you can move to threats (empty threats mostly, unless it makes sense, you have the wherewithal, desire, and time to follow through) like lawsuits. Maybe have an attorney write a letter to them and see if that works, or file paperwork for small claims and see if that works (again, with no real intention on following through).

Disclaimer: I’m not a lawyer.

Best of luck
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Old 05-28-2015, 08:54 AM
 
34,072 posts, read 17,102,875 times
Reputation: 17216
To All: The 1st time you fail to get paid on precisely the scheduled day it was supposed to be on, file with the DOL, and apply for REAL jobs. When you get one, walk out..immediately..no notice.

Employers who fail to adhere to a pay schedule cannot be rehabilitated. Just like any other lowlife. Things will NEVER employer working for them. Treat them as your worst enemy.
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Old 05-28-2015, 01:48 PM
 
8 posts, read 6,299 times
Reputation: 10
Thank you so much for all the answers.

Yes, the company was a legal organization.I have all the documents and everything.
Last year while I was in contact with her I tried everything.I told her I will report the company etc. She was the one who told me go ahaid and report because there is nothing she can do or pay.But I have all the copies of our conversations and a promise email that she will pay.

The money is about 1000 $ so its not as much but its still something what I really need.

I really dont know what else can I do and it makes me feel so helpless.I hate how people treat other people or that there are no laws to help people like me.

I am trying to get over it its just hard.While I was working I didnt realize what everything was going on.Late paycheck the boss took our tip money etc.

All I want now is to get whats mines. Can I report the owners also not only the company?Police report or anything?
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Old 05-28-2015, 02:16 PM
 
2,064 posts, read 4,437,019 times
Reputation: 1468
The person you have been in contact with can't help you. She isn't going to pay you out of her own pocket. The company is bankrupt and shut down so there are likely little to no assets. You aren't going to see your money. There's a slim chance that the company has $X and that will get distributed to everyone who the company owes money to so you might see pennies on the dollar if you're lucky.

I worked at one company where we didn't have financial problems but our CEO was a real cheapskate. He didn't want to spend money until the very last second that he had to. So for contractors, he made it so that they send us an invoice 2 weeks after the work gets done, it's all net 30 so 30 days after the invoice (on the 30th day) he would authorize a check to be sent to the contractor, etc. This was an issue for many contractors as they simply couldn't wait 6 weeks to get paid but whatever, he didn't care.
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Old 05-28-2015, 06:36 PM
 
8 posts, read 6,299 times
Reputation: 10
Thanks for the reply again.

The person i was in contact with was my boss and the owner of the company.I heard that this one was their second failed company.I just don't understand how can someone get away with this. I have my case number from the department of labor.So i guess or hope they are reviewing the case.The company was pretty small I believe less than 10 workers and I know couple of them didn't get paid.I am just waiting and hoping the best.

So is there any other path I could use or go?
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Old 05-28-2015, 07:06 PM
 
Location: Wartrace,TN
8,070 posts, read 12,793,878 times
Reputation: 16526
Years ago I worked a job for two weeks and didn't get paid. It took over a year to get the money after contacting the labor department and it was less than half of what was owed.

It was a night security job at a big construction project; perfect for me since I was in school. Walk around the site every hour and check on things. I was due to get my first paycheck after two weeks on the job and suddenly the security company changed my assignment to work shoplifting prevention in a ghetto Convenience store. We are talking the area that was on the news every night for shootings. I refused it so I didn't get my check for the previous two weeks worth of work.

I guess it was a scam the owner of the company was pulling on people in order to improve the cash flow; rotate new hires in for two weeks and then stiff them. I think they owed me 250 dollars and I ended up with under 100 bucks.

The company never went out of business; they just got in a little bit of trouble with the labor department.

The name was "Falvo Security" and it was in East Rochester, N.Y. The owner was a first class scum bag.
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Old 05-28-2015, 10:52 PM
 
Location: Berkeley Neighborhood, Denver, CO USA
17,714 posts, read 29,844,231 times
Reputation: 33311
OP,
Move on with your life.
There is no money.
It's only a grand.
,dave

P.S. I have been thru this. NeoScale did a chapter 7 BK while owing me $7K. They went down so hard there was no money even to pay for the "You won't get any money" letter.
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