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Money owed

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JRIv76

Junior Member
So I worked for a payday loan collector. Past due accounts. The business (an LLC) let all but one of us go on 9/18/15. We were to be paid on 9/25/15 for the two weeks prior. We have yet to receive ANY money, just a bunch of emails with a bunch of excuses as to why we're not getting paid "THIS" week, but should get paid "next" week. We finally got an email with a 33% (just insulting) of pay settlement offer because it could be six months or more...IF...we get any money at all. I understand the LLC is there to protect this guy from lawsuit...but isn't there something that can be done?? How is it fair that I gave 68 hours of work and may never see a penny??
 

ecmst12

Senior Member
In Florida, small claims court is probably your best option since there is no state DOL. And if the business is going under, it's possible that you might not get anything even if you win.
 

eerelations

Senior Member
"LLC" may protect the guy personally from a lawsuit, but it doesn't protect his company from a lawsuit. When you go to small claims court, sue the company, not him.
 

commentator

Senior Member
I sort of suspect that the tiny amount you are being offered may have been what they owed you for the last two weeks at minimum wage. Pretty much the only law that applies in this situation is that they do have to pay you at least minimum wage for the hours you have actually worked. And this payment of owed wages (though at a very low rate) comes out before any other creditors in a bankruptcy or any such evasive maneuver. If you do contact the federal Wage and Hour division for your area, that's what they'll tell you. Sometimes they'll even go after the employer to obtain this amount of money for the employees. Check on it. Call the feds. They actually do try to provide service there in the third world states like Florida that do not have a state Wage and Hour. If I were you I'd be delighted to accept the offer they've made to you, if it comes to minimum wage for the 68 hours. Because even if you sue them in small claims court miles down the road, that's all you'd be likely to get.
 

Zigner

Senior Member, Non-Attorney
"LLC" may protect the guy personally from a lawsuit, but it doesn't protect his company from a lawsuit. When you go to small claims court, sue the company, not him.
I'd suggest suing both the LLC and the owner since the owner of the LLC can be held personally responsible for violations of wage laws.

ETA: This is, of course, if the OP wishes to go this route instead of just taking the 33% offer. That's a decision the OP will have to make.
 

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