employer behind 2 months on paychecks. worried what will happen when ..

[juntjoo]

What is the name of your state (only U.S. law)? <----huh? what is this? FL

anyway, i'm wondering what will happen when he probably will go bankrupt and out of business at the end of this "season" here in a few months when the snow birds leave.

myself along with several other employees, about 15 are behind in our paychecks and presuming he won't be able to pay us back within the near future if at all, what route would one, or all of us normally take in such circumstances? thanks in advance

 

[pattytx]

The only options you have are to file a claim with the federal Dept. of Labor or a civil suit. I would recommend the latter, because if/when you win (btw, you can include attorney fees and, I think double damages), then you can see about getting a judgment, which will get you in the creditor's queue when/if the company files bankruptcy.

 

[juntjoo]

thank you!

 

[juntjoo]

although, what are "double damages" and a "creditor's queue"?

 

[eerelations]

"Double damages" means 2 x what the company owes you, and "creditor's queue" means a lineup of people/entities to whom/which a company owes money. This lineup forms when a company declares bankruptcy, and the members of the lineup are paid in accordance to their position in the line (i.e., the first in line gets paid first, the second in line gets paid second, and so on). When the money runs out, the remaining unpaid lineup members are SOL.

There may be some regulations around who gets to be in which place in the line, however I don't know what those regulations are. One of my esteemed colleagues here can probably help with that.

Regarding your "huh?" at the "(only U.S. law)" phrase, the vast majority (like 95% or higher) of the responders have expertise in US law only. This phrase is a warning to those who have ex-US legal questions - that they may not get an answer here.