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  1. #1
    Join Date
    Oct 2008
    Location
    IL
    Posts
    3

    Unhappy Employer Went Out of Business and Yet to Receive Final Paycheck

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

    The employer I was working for went out of business October 20th last weak. As of today we (me and the other employee's) have yet to receive our last paycheck. We assumed we would receive one week that was held when hired, and the one day worked the week they closed plus our vacation earned. I have heard talk, that they are filing bankruptcy but am not certain. I was just wandering who to call or what to do to possibly get what is owed to us.

    Any help would be great. If any other or more detailed info is needed just let me know.

    Thanks

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,495

    Default Re: Employer Went Out of Business and Yet to Recieve Final Paycheck

    You can file a complaint of unpaid wages with the IL DOL, keeping in mind the old adage about blood and turnips.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Employer Went Out of Business and Yet to Recieve Final Paycheck

    If they do file for bankruptcy before you get your check, you might have to put in a claim with the bankruptcy court along with the company's other creditors. Whether you get paid or not will depend on the number of other creditors & the worth of the assets of the company.

    However, at this time, I would start with filing a wage claim with the Il. DOL as suggested by cbg.

  4. #4
    Join Date
    Oct 2008
    Location
    IL
    Posts
    3

    Default Re: Employer Went Out of Business and Yet to Recieve Final Paycheck

    Thank you so much. will file complaint with DOL. Thanks again.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Employer Went Out of Business and Yet to Receive Final Paycheck

    You're very welcome. I hope you get your pay.

  6. #6
    Join Date
    Oct 2008
    Location
    IL
    Posts
    3

    Default Re: Employer Went Out of Business and Yet to Receive Final Paycheck

    Just an update and more info on the situation. I got together with all 12 employees and had them all fill out the form from IDOL. We sent this off today! While there we learned a little more about what was going on. It appears that the bank called in there note but the company didn't have the money, so the bank has seized all assets. We are also co owned by AMS Staff Leasing, witch I guess handled all there payroll and worker compensation. As a result of that we have to call in three times a week to keep our unemployment benefits. Also the company canceled our insurance about a month ago without telling us, but kept taking it out of our pay. Since it was canceled they said we wouldn't get offered Cobra insurance. So now we are all out of insurance and the money too. Also I guess there is a go between out-fit that is working with the bank, because the managing staff has stayed there, gaurding the place, as well as cleaning up and taking inventory and finishing up paper work and such. He said that he got paid Monday. If he could get paid how come we couldn't. Lastly we heard that the bank is taking bids and if they don't like them then they are going to auction off assets.
    This is so confusing to me, and makes me angry. Sure seems to me that some of this is criminal. Would getting all the employee's together and hiring an Attorney be worth while?

    P.S. They also have a facility in Chicago that is also closed. Have not contacted any of the employee's there. So it's not just us twelve but a lot more who are going through this.

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