No Funds for Paychecks but Want Us to Keep Working

[angiebb]

My question involves employment and labor law for the state of: New Mexico

We were told that we will not be getting our paychecks for the last pay period and unless we get funding we may not get paychecks. They would like us to keep working, however, it is not mandatory. Because we have not been laid off, we cannot claim unemployment benefits.

Is there anything I can do to ensure that if they do claim bankruptcy we can get our pay? Any suggestions on what to do?

[cbg]

Who said you can't get UI if you're not laid off? Not being paid is a sufficient reason.

[LawResearcherMissy]

You need to contact the New Mexico Department of Workforce Solutions Wage and Hour Bureau and file a wage claim.

You also need to speak with a representative there about your rights.

[Betty3]

If they would file for bankruptcy & you still haven't gotten paid, a claim will probably have to be put in with the bankruptcy court as a creditor. You may or may not get your pay according to the # of other creditors there are & the assets the co. has for distribution.