Can this go to small claims?

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Can this go to small claims?

Hi i have been with a company for 8
months, the last two months i had
bounced checks then they ended up
closing and not paying, I was
technically let go with out even
notice, what do i do?

Asked on October 12, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can sue for unpaid wages, and you can sue in small claims court. You would sue based on "breach of contract": the employer's violation of the agreement, even if only an unwritten one, pursuant to which you worked in exchange for pay. You could also sue for any costs foreseeably and directly coming from the bounced checks, like any returned check or NSF fees.
If the employer was an LLC or a corporation, however, you can only sue the company, not the owner(s)--the owners of an LLC or corporation are not personally liable for the businesses debts. That means that if the business is out of business or insolvent, even if you win, you won't be paid--you can't get money from a non-existent business, or one without funds.
If the business was not an LLC or corporation, though, you should be able to sue the owner(s) personally.


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