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Suing non-profit officers & directors (reluctantly)

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ses9

Junior Member
What is the name of your state? NY

I did some work this year for a non-profit that closed its doors while still owing me money. It is a large enough amount that I can't let it go, but small enough to qualify for small claims. I have 2 questions:

1. In additional to suing the corporation itself (which may have some funds owed to it), can I also sue the individual officers?

2. If so, do I have to sue them separately from the corporation and each other? Some of them live in the same county as the organization, but some live in an ajoining county.

In 20+ years of working primarily with non-profits, I have never been left unpaid, and I have never been totaly ignored in my requests. Regretfully, I feel my only option is to sue.
 


JETX

Senior Member
In additional to suing the corporation itself (which may have some funds owed to it), can I also sue the individual officers?
Of course you can name them in your suit... however, all they have to do is file a motion to dismiss them... and the court will dismiss.

If so, do I have to sue them separately from the corporation and each other? Some of them live in the same county as the organization, but some live in an ajoining county.
Unless the officer of the officer of the company is somehow negligence or they're involved in malfeasance, the individuals are NOT liable for corporate conducts.

I feel my only option is to sue.
Why?? Your own post says this NON-profit has "closed its doors".... why do you think you will get anything??
 

Dandy Don

Senior Member
Why did they close their doors? How much are you owed? Were you an employee of theirs or a freelancer? Have you considered filing a complaint with your state's Department of Labor to have them investigate the unpaid wages? Is there a contract/agreement covering your work for them?
 

JETX

Senior Member
Why did they close their doors? How much are you owed? Were you an employee of theirs or a freelancer? Have you considered filing a complaint with your state's Department of Labor to have them investigate the unpaid wages? Is there a contract/agreement covering your work for them?
And, as expected, Dandy Don is practicing his shotgun method of legal "advice".

He tells you to file a complaint with your state DOL... but then asks if you are contract 'labor'. If you are contract... your compensation is NOT wages and the Dept of Labor has nothing to do with your situation.
 

Dandy Don

Senior Member
There you go again, JETX, putting a deliberate misinterpretation on my response and you even answered your own question. Until the poster responds, no one really knows whether she is contract labor or not, not even YOU.
 

JETX

Senior Member
There you go again, JETX, putting a deliberate misinterpretation on my response and you even answered your own question. Until the poster responds, no one really knows whether she is contract labor or not, not even YOU.
Then why the hell did you offer a 'Chinese menu' response that clearly is of NO BENEFIT?? :D
 

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