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Laid off all employees, didn't pay our wages

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H

HeOwesUsMoney

Guest
(In California)
2 weeks ago, the owner of my last company announced that he couldn't make payroll, (which was already late) and therefor folding the company. Everyone was let go and no one received the wages owed to them up to that point.

Personally, I am owed 18 days of wages and 5 days of vacation, which is true for about 25 other employees who were let go.

I've persoanlly called the owner to ask for my money, but he says he doesn't know when he can pay me.

I've filed a complaint with the Labor Board, but I feel the need to go further. People have told me I need to "file a lien with the local court" etc - but how do I do that, where do I start?

Thanks,

"Evicted"
 


A

Attorney_Replogle

Guest
First of all, you did the right and best thing by filing a claim with the State Labor Board. Now you have to understand the truth of government agencies, which this is: they are notoriously slow. The other point you raise can't be done. That was bad information. Perhaps what the individual was thinking was that if you sucessfully sued the owner and the company, AFTER you get your judgment, you can then record it in the county recorder's office. This is especially helpful if the owner personally owns any real estate in California. Why? Because that judgment is now perfected and can't be discharged in bankruptcy. Further, any time the owner tries to re-finance that home, or sell it, that judgment will show up on his title and he will have major problems. Even if he did sell the home, you will be paid off since you are on title. Lastly, your judgment is good for up to 20 years and it earns 10% interest every year.

Another idea for you and your fellow fired friends to consider is joining together to sue the owner on a breach of contract theory. That means that the contract was that the employees will trade hours for X dollars per hour or whatever their compensation was. They performed their part of the contract (translation is they did the work) and in exchange the owner broke the contract by failing to pay them. This might work faster for you, who knows? Though I do handle employment law cases (employees only) I have not yet heard of this situation. If you want, you can contact me about this (via the profile below) or find another employment law attorney at https://attorneypages.com
 

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