Have a court date set....

[gwomer]

What is the name of your state? Indiana

My ex-employer refuses to pay me for the last week I worked for him. I have never gone to small claims court and want to be prepared. Here are my questions.

I worked for a company that is financially distressed. The company is in the process of being purchased and they are retaining all employees, even my ex-boss. Now, since the company could not make payroll, pay vendors and utilities, the new coming (although the papers have yet to be signed) buyer is paying all the bills. I put both their names on my claim form. Did I do the right thing? I have tried for many days to pick up my last check. When I talked to my former employer he would say, I don't know, you have to talk to the new buyer about your check. I talked to the new buyer and he said things like, I don't know when I can pay you. Next conversation he said that he was going to have to talk to the first owner. Next conversation he said "no one was getting paid (this was on a friday, normal paydate) then I found out that he paid everyone's payroll with a check from his companies account. Not the same account that I would normally get paid out of. The next conversation he told me I should have picked up my check last friday, I reminded him that he said "no one was getting paid" and I told him I know that employees did get paid because I still have friends that work there. Then I asked if I could pick up my check today (monday) and he said "nope, we decided we are not going to pay you". Now, with the new buyer calling all the shots, doesnt' that make him and agent of my former boss's company?

This new buyer is very abusive and I knew that once he took over, I wasn't going to be able to work for him. He sent me home early one day because I would not sign a non-compete with the company that I was currently working for. It technically was not his company to force me to sign it. My ex-employer was on vacation and the new guy said he was left in charge. When he sent me home he said " you are not being fired but you can't work until you sign the paper". When I came back to work the next day, I had already been replaced.

I worked for a small company and I was the only office worker. I was relied upon heavily for everything. I knew everything that went on with that company. That was my job. Since I was the only person who maintained the computers, I left without telling them my password. They didn't ask and I didn't tell. The first time I was aware that they were having problems with the computer is when I called to make arrangements to pick up my check. After talking to the new buyer several times this past weekend, I finally said, give me my paycheck and I will come in and show you how to run the computer. He said " your services are not needed here". I made the effort and they turned me down.

It's been a rough week without my last paycheck. I have had to borrow money from my parents just to make it through. Fortunetly I found another job right away but I am having to take time off to deal with this mess. Can I recover lost wages due to this mess?

Besides suing for my last check, are their any other damages I can claim?

Thanks!

 

[JETX]

"Can I recover lost wages due to this mess?"
*** No.

"Besides suing for my last check, are their any other damages I can claim?"
*** Recovery of court costs.

 

[gwomer]

Thanks for the reply...

I had asked in the first post (yes, I know it was a long one) about putting the new buyer on the summons since he was the one actually paying the bills for my ex-employer. Was that the right thing to do? He still continues to do business under the original business name and still has receviables coming in. I know my ex-employer would claim he has no money to pay. Why he stayed in business is beyond me.

If he filed Bankruptcy, would he get out of paying me?

 

[JETX]

"Was that the right thing to do?"
*** Yes.

"If he filed Bankruptcy, would he get out of paying me?"
*** If he were to file bankruptcy, your wages could be discharged by the court.

 

[gwomer]

New Development

I have a new development in my story. I just found out that my last paycheck that I was actually paid from the company (they are still refusing to pay me my final check) bounced. My bank froze my account and now I have 7 nsf charges at $30.00 each hit my account.

When I filed my small claims suit I did ask for the maximum allowed by my state. I had asked on a previous post if I would be able to claim nsf fees if I had to write a check for items such as groceries. I was told No... that it was still wrong to knowingly write a check that was going to bounce based on the promise of a future deposit. But now the situation has changed. The checks I had written were on a deposit that was already made. My last check was deposited November 7 and these checks that are being returned are due to that payroll check bouncing. Will I now be able to recover all the fees due to this?

Should I notify all the people these checks were written to and explain to them my situation before they are made aware the checks are being returned to them?

I have a feeling that even if I win, my former employer will not pay. He has ignored many judgements against him in the past. How long do I have to wait to try and garnish their bank accounts if they decide not to pay me?

I wish we could all just get along.......

 

[rikers]

If your former employer was not a corp, ask your old boss how he would enjoy jail for passing a bad check. And yes tell the people you wrote checks to what happened so they don't consider sending you to jail also.

 

[gwomer]

Thanks for the response. My former employer is a corporation. He has written so many bad checks over the last 6 months. So many in fact that he has chalked up over $1000.00 in bank fees alone. Why would his bank let him do that is beyond me. I know I will win my case but the only thing I worry about is collecting the judgement. My former employer has had so many judgements against him already that he hasn't paid for. I know where he banks and where the the new "buyer" banks and I guess I will just have to garnish their accounts if push comes to shove.