Suing my employer?

Question

I am trying to see what type of leagal ramifications I can use against my wife's previous employer. The company ran into a financial bind and started paying her whenever they could afford to cut the payroll checks. Payday was every-other Tuesday yet they wouldn't get their checks until Thursday or Friday. She was released from work last Thursday due to the company having no money. Can we do anything legally based on the fact that she was never paid on time?

Also, she received her last paycheck today which should have been for 80 hours, instead the check was for 24 hours with no explanation why. We have not been able to reach the owner for an explantion. Is there anything we can legally do in this case? She was salaried so there was never a timecard or anything we have to show that she worked 80 hours.

Answer 1

You need to contact the Wages & Hours division of the Department of Labor to file a Wage Claim. This would be a good first step and it won't cost you any money.

Answer 2

I doubt if you can sue. It sounds more like the employer is heading for bankruptcy court.

If I were in her shoes, I would call the Department of Labor in your state, give them the information and let them guide you. They are the ones that oversee businesses in your state.

Unfortunately, if your wife didn't keep a record of hours that she worked, she probably won't have a leg to stand on with regard to the final paycheck.....it is her word against the employer's word. Anytime you work anywhere, salaried or hourly, unless the employer provides a time card that is stamped by a timeclock, it is up to the employee to keep track of the hours worked, clock-in and out times, lunch periods, holidays, etc. Of course the employer is supposed to keep track of the time too and be able to provide the information anytime the Dept. of Labor requests it. This person may not have done that if he is a sloppy employer. Without some sort of written record by your wife, there is nothing DOL can use for reference.

As for her delayed paychecks, again, unfortunately, she stayed at the job sight when this was happening, thereby giving her consent for the haphazard pay schedule. If she would have called DOL immediately, she might have a course of action. But, silence is acceptance.

Answer 3

You can't do much at this point. If she was salaried, the number of hours she worked doesn't make any difference. And if the company has no money, you're not going to get anything from them because other creditors will have higher priority than you. So you can file a suit, and perhaps win a judgment, but you'll never be able to collect it.

Answer 4

you could, yet i could think of heavily approximately such an action. First, wrongful termination would be very difficult to coach, particularly in case you signed an "at will" settlement, it somewhat is basic those days. no person does their interest completely, and it is not frustrating for employers to discover a criminal clarification for letting you pass. 2d, one among those challenge could be somewhat high priced to you. even in the experience that your case became straightforward, you may could, a minimum of initially, shell out 1000's of dollars in criminal expenditures out of your guy or woman pocket, and god forbid in case you misplaced you may nevertheless be jobless and then be saddled with all that debt. third, whether you gained your case, and the corporation became forced to take you back, do no longer you think of your mere presence there could reason a extensive volume of resentment? as quickly as you went back to artwork, you would be watched like a hawk, possibly in an atmosphere which would be depressing for you, any little mistake you made could be pounced on, and it possibly does not be too long previously they got here across a valid reason to do away with you. So, except there are very sturdy concepts in contact right here, or except the corporation is obviously doing something unlawful, that's possibly on your extra suited interest to in simple terms enable this pass and are available across a extra suited, extra friendly place to artwork.

Answer 5

It sounds like the company is out of money and potentially bankrupt, in which case you can't get blood out of a turnip, so to speak. If the business is not incorporated and is just a partnership, you may be able to go after the partners individually.

Answer 6

Employers are allowed to hold payment for 30 days in Illinois. If your state holds the same law, after 30 days, she can sue for the rest, but good luck if the company is that bad, it will probably be out of business by then.
I don't think you can sue for them being late on her payroll checks.

Answer 7

You can sue them, however it presents some problems:
If they are a corporation, you will get nothing as the corporation is broke. They will dissolve the corporation and the suit would be meaningless.
Even if they are not incorporated, suing people without money is generally a waste of time. Try talking with them and see if she can get the amounts owed her when the company sells off their remaining assets.

Answer 8

If they let you go then they have 24hrs to have you paid in full......Talk to a lawyer, I got a feeling that you will need this. Also try and get some of the co-workers to join the suit.

Answer 9

when she files for unemployment she can file a claim at that time for the remainder of the wages she is due. What good will suing them do? They are obviously having money problems and your lawsuit will do nothing but benefit the lawyers.

Answer 10

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