Employer Owes Two Paychecks

[utrunks202]

I was working for a small company in Florida full time. On our payday, the workers were told paychecks would be delayed due to a hold at the bank. On the next payday we still hadn't received our first paychecks then the company informed the employees that there was no more money in the payroll fund so no one would be getting paid. Everyone in the company was denied pay by the reason "There is no money, I'm sorry". This was only less than a week before rent was due for all employees. Being paid on a bi-weekly schedule we had been denied pay for a month straight essentially. No one was fired technically and the company hadn't filed bankruptcy or anything of that nature, however employees did stop showing up for work after that for obvious reasons.

My question is how do I go about collecting these wages and possibly the fees I've had to pay my landlord after not having money to pay rent or utilities as a direct result of the lies told by this company and failure to pay its employees? Would it even be possible to collect those fees from the employer?

I really don't know what my options are in this kind of situation.

[Betty3]

Florida has no DOL so to speak. Your options are to file a wage claim with the US DOL, sue your employer in small claims court (can sue for up to $5,000 Fl. small claims court), or sue in a higher court with a lawyer. However; if your employer has no money, you might have a problem in getting your pay.

If your employer would end up filing bankruptcy, you probably will have to put in a claim with the bankruptcy court as a creditor along with the other creditors the co. owes money to. You might or might not receive your pay - would depend on the # of creditors (& their priority), the assets of the co., etc.

[utrunks202]

Thanks for the swift response. I just wish there were really more I could do about it, from the way it sounds, there is really nothing I can do except cause some minor inconviences with the US DOL.