How to go about collecting money my employer owes me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to go about collecting money my employer owes me?
My employer had been having difficulty paying his employees for some time and finally had to close the business. I now am holding two paychecks and a copy of my time sheet from the last week I worked (which was signed by the office manager as verification). It was not unusual for me to have to hold my checks for a week or two after I recieved them. I feel bad for him because he is having such difficulty with finances but he does owe me and whatever his difficulties may be are his own creation. Anyway I am wondering what my options are at this point. My last day was about three weeks ago.
Asked on August 14, 2012 under Employment Labor Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You could sue your employer, such as in small claims court (where you could act as your own attorney, saving on legal fees) to recover the money: your employer was legally obligated to pay you. Bear in mind that if the business had been a limited liability company (LLC) or corporation (inc.) and has been closed, you may not be able to recover anything--there may be no money, and no entity (the business) left to pay you. On the other hand, if the employer was a sole proprietor (not an LLC or inc.) you could sue him personally--he is personally liable for your salary or wages.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.