Back Pay, Vacation Pay

[wicked1]

OKLAHOMA: I worked for a small company (about 12 full-time employees) that ran into financial trouble, and did not make payroll for several weeks, promising to pay us as soon as possible. After several weeks of no pay, we were all brought in for a meeting and told that the owners were closing the doors and that there "was no more company...PERIOD." We were told that there might be contract work for some us us down the road, but that it would be directly for the individual owners, as the company was to be shut down. We were also told that we would be sent checks in a few weeks for the back pay we were owed. Later that week, I found out through a former client that the company had NOT shut down, and that several of the employees had been contacted later in the day and asked to remain in their positions. Those of us who did not return have still not been paid back wages after several weeks.

1) How do I go about reclaiming back wages owed to me?

2) At the time of dismissal, I had 3 weeks of vacation owed to me...Am I entitled to reimbursement for them?

3) Is this company breaking a law by telling us that there "was no more company...PERIOD," and then remaining in business? (I had several interviews in which I told potential employers the company folded---If they do a thorough background check and find out that's not the truth, I will have appeared to have lied.

I would be sincerely grateful for the benefit of greater experience! Thanks in advance to any and all who would profer advice!

 

[cbg]

1) How do I go about reclaiming back wages owed to me?

By filing a claim for unpaid wages with the state department of labor.

2) At the time of dismissal, I had 3 weeks of vacation owed to me...Am I entitled to reimbursement for them?

That depends on your company's policies. As I understand it, in OK unused vacation GENERALLY has to be paid out but company policy will prevail. You may want to run this one by the DOL as well. My summary is not the clearest and the OK DOL web page does not address this issue.

3) Is this company breaking a law by telling us that there "was no more company...PERIOD," and then remaining in business?

No.

If you are concerned about the information you have provided to potential employers being inaccurate, there is nothing preventing you from calling them and advising them that you have received updated information that the company is continuing to operate, but that you have not been called back to work and are still interested in the position you applied for.

 

[wicked1]

Thank you very much!