What is the name of your state? Tennessee
I am attempting to get 7 weeks backpay from my former employer. The state and US labor boards say there's nothing they can do since the company tells them they have no money. Yet they are paying their rent, utilities, etc. and the office is still open. They are not producing any product for seizure. They have not filed bankruptcy. They are still listed on the stock market. There are 6 of us owed backpay.
Being unemployed and owed backpay, I cannot afford an attorney or find one to do it pro-bono or even on contingency. Everyone including an attorney I called, DOL, and friends suggest filing a small claims. I have decided to do this but have a few questions.
1)The director of finance is the only employee left locally. Even though he says he is not an officer, I have been told he can still be served since he has claimed to be managing the local office. Can he be served legally and it hold up? The owner is in Hong Kong so that is moot.
2)There's no doubt they owe me and I have written proof they agree. What happens when we go to court, the judge rules in my favor, but the co. says they have no money? Do they have to pay on the spot or are they generally given time? What if they say they will pay and then don't? They have an office and storage facility full of furniture and computers. Will the judge seize their assets and sell them? Can I ask him to? If selling the assets is not an option, how do I get my money?
3) There are several vendors already suing the co. for material received and not paid for. Will my pay be considered before the vendors?
4) Since there are 6 of us can we file a small claims jointly?
5) Can I include the cost of the filing fee in my claim? Should I include interest for the 5 months I have been waiting?
Sorry for such a long post but I have had no experience in this before. Any and all advice is appreciated.
I am attempting to get 7 weeks backpay from my former employer. The state and US labor boards say there's nothing they can do since the company tells them they have no money. Yet they are paying their rent, utilities, etc. and the office is still open. They are not producing any product for seizure. They have not filed bankruptcy. They are still listed on the stock market. There are 6 of us owed backpay.
Being unemployed and owed backpay, I cannot afford an attorney or find one to do it pro-bono or even on contingency. Everyone including an attorney I called, DOL, and friends suggest filing a small claims. I have decided to do this but have a few questions.
1)The director of finance is the only employee left locally. Even though he says he is not an officer, I have been told he can still be served since he has claimed to be managing the local office. Can he be served legally and it hold up? The owner is in Hong Kong so that is moot.
2)There's no doubt they owe me and I have written proof they agree. What happens when we go to court, the judge rules in my favor, but the co. says they have no money? Do they have to pay on the spot or are they generally given time? What if they say they will pay and then don't? They have an office and storage facility full of furniture and computers. Will the judge seize their assets and sell them? Can I ask him to? If selling the assets is not an option, how do I get my money?
3) There are several vendors already suing the co. for material received and not paid for. Will my pay be considered before the vendors?
4) Since there are 6 of us can we file a small claims jointly?
5) Can I include the cost of the filing fee in my claim? Should I include interest for the 5 months I have been waiting?
Sorry for such a long post but I have had no experience in this before. Any and all advice is appreciated.