Didn’t receive my last pay check

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Didn’t receive my last pay check

I was working for this restaurant the business wasn’t
doing good so the owner just tell us we shutting
down today with no warning, and now he doesn’t
want to pay his employers because he doesn’t have
the money in the account, but he owns 4 other
businesses

Asked on July 9, 2016 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, you are owed the money. If the business were *not* an LLC or corporation, you can sue the owner personally (e.g. in small claims court, acting as your own attorney) for the money; but unfortunately, if the business was an LLC or corporation, the owner is not personally liable--you can only sue the business itself (an LLC or corporation shields the owners and managers, and other businesses owned by them, from liability)--which may mean, if the business has been shut down and has no money, that you cannot collect.


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