Not paid in 2 mos. have emp. contract

[dcrown0301]

I am an employee in a Texas company (incorporated in Delaware) and I am under employment contract. I have not been paid in 2 mos and am told I can continue to work there but for free. I have filed a claim with the Texas Workforce Commission for back wages however I am aware that my employer is busy transferring assets from the company I work for to other companies he owns. He has also hired at least one new worker since failing to pay me. I was told yesterday by our HR department that I am on "unpaid leave" which I'm disputing since I would be at work if they were paying me. Is there anything I can do to prevent a transfer of assets to other companies until my case is resolved. I fear that by the time action is taken on it, the company will be bankrupt and there will be no assets to place a lien on. I did contact several attorneys and was told to allow the Texas Workforce Commission to render a decision before I hire an attorney but I also understand it can take months before they reach a decision and the employer keeps changing mailing addresses to avoid creditors.

 

[dcrown0301]

Additional info

Since someone will ask.. yes, he has the money to pay me and no, I'm not the only one who is going unpaid. I was told that all executives (president, his brother cpa, sales vp and me) are unpaid. Other employees (approx. 36) are being paid on schedule.

 

[cbg]

And what is your question? So far, all you have done is told us a story.

 

[dcrown0301]

My questions are: Can I put a lein on the business to secure my position as a creditor and how would that be done? Also, can I do anything besides wait for the Texas Workforce Commission? And finally, what is the best way to make sure this gets the attention of the authorities since this employer is committing fraud on a daily basis and I'd like to make sure that the other employees, customers and vendors are not also taken advantage of. Is the company required to notify me when bankruptcy is filed and how do I get on the creditor list? I feel like I'm losing valuable time just waiting for the TWC and by the time they rule it might be impossible to collect.

 

[dcrown0301]

My questions are: Can I put a lein on the business to secure my position as a creditor and how would that be done? Also, can I do anything besides wait for the Texas Workforce Commission? And finally, what is the best way to make sure this gets the attention of the authorities since this employer is committing fraud on a daily basis and I'd like to make sure that the other employees, customers and vendors are not also taken advantage of. Is the company required to notify me when bankruptcy is filed and how do I get on the creditor list? I feel like I'm losing valuable time just waiting for the TWC and by the time they rule it might be impossible to collect.

 

[JETX]

"Can I put a lein on the business to secure my position as a creditor and how would that be done?"
*** You would need to file a lawsuit.

"Also, can I do anything besides wait for the Texas Workforce Commission?"
*** Yes. You can do all sorts of things. Go to the beach. Read some books. Look for another PAYING job. If you mean to speed them up, no.

"And finally, what is the best way to make sure this gets the attention of the authorities since this employer is committing fraud on a daily basis and I'd like to make sure that the other employees, customers and vendors are not also taken advantage of."
*** And what 'authorities' do you wish to report this conduct to??

"Is the company required to notify me when bankruptcy is filed and how do I get on the creditor list?"
*** Presumably, if you are a creditor of the petitioner, they will include you on the creditor list. And if they file chapter 11 and don't include you, your claim is not discharged.

"I feel like I'm losing valuable time just waiting for the TWC and by the time they rule it might be impossible to collect."
*** Okay.