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"Co-Employers" - Who do I sue?

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B

bdearth

Guest
Plano, TX. I was recently laid off due to company closure, and not paid unused vacation/personal time. I have thoroughly researched the labor laws and believe I have met all the requirements for the vacation pay to be considered earned wages.

The quirk is that my company ABC used company XYZ for all HR/Payroll services. When filing for unemployment, we we're told to use put company XYZ for our "Employer". All documentation and forms I have ever filled out showed Company XYZ as my "Employer", including the company handbook, which has the vacation pay policy I will be using in court. Since company XYZ is still in business, it is my best chance at obtaining these wages. They state that they cannot pay me because company ABC never transfered funds for them to fullfill unused vaction pay.

I've spoken with the Texas Workforce commission several times and they have been worthless (Must be overloaded with Enron, Compaq, & Dell layoffs). They said to file a wage claim against both and I should hear back in about 3 MONTHS! I'd prefer to pursue this in Small Claims Court.

Can/Should I be suing company XYZ? I have already sent all my documentation and reasoning to them via certified mail...no response.

Thanks in advance!
 



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