User Panel
User Panel
User Panel
|
Posted: 1/26/2014 6:52:28 PM EDT
[#1]
You're not going to see any money. Sorry
|
|
|
|
Posted: 1/26/2014 6:53:31 PM EDT
[#2]
Quote HistoryQuoted:
Do you know where the owner lives.......... DO NOT involve yourself. Let the system work. It's not worth getting assault charges over a single paycheck. The accounts are locked anyways. He / she couldn't give you a check if they wanted to. |
|
|
|
Posted: 1/26/2014 6:59:42 PM EDT
[#3]
Quote HistoryQuoted:
not if someone owes him money and then pulled the rug out from under him, governments are the worst at screwing contractors, suppliers, vendors Quote HistoryQuoted:
Quoted:
Your ex-boss had to know this was coming. He is a POS of the highest order and I hope he gets what he deserves. Good luck bro...  not if someone owes him money and then pulled the rug out from under him, governments are the worst at screwing contractors, suppliers, vendors Exactly this. The employer could be a dirt bag or could be way over their head in debt from a business they tried to make work. Failing companies don't typically go down smoothly with all debts paid. Typically the owner tries to keep it alive to the bitter end by paying taxes last and the unpaid taxes kill it when the tax authorities seize bank accounts with no warning. |
|
|
|
Posted: 1/26/2014 7:02:31 PM EDT
[#4]
Quote HistoryQuoted: Quote HistoryQuoted: Quoted: Quoted: Quoted: I'm assuming Ohio has a labor board for such things. They'll seize the assets of the company to settle the debts. Bullshit. Unless employees are being used to hide assets or some edge case. "Employers who do not comply with employment tax laws may be subject to criminal and civil sanctions for willfully failing to pay employment taxes,” said a statement from the IRS office in St. Louis. "Employees who do not have taxes withheld nor remit them personally are still liable for these taxes and may not qualify for Social Security, Medicare or unemployment benefits.” Ok, not all the taxes, but the government can do some if they want to. This was a local place that owes $4 mil in back payroll taxes etc..http://www.sj-r.com/article/20140110/NEWS/140119916/10283/NEWS?template=printart Just so I am clear, the employee basically works for free because the employer didn't pay him, yet he has to pay the IRS for the hours he worked for free? ETA: How can there be withholdings due if there is no paycheck? |
|
|
|
Posted: 1/26/2014 7:36:24 PM EDT
[#5]
Quote HistoryQuoted:
I expect ARFCOM's understanding of Title 11 Chapter 7 will be spot on per usual financial advice. Fully secured creditors come first then employees. You need to file a claim with the clerk once they actually file bankruptcy. This is how it worked in the one example I saw. Everyone I knew who filed a claim did get paid what they were owed eventually but it took 18 months to 2 years for all the employees to get paid. And there were a few creditors in that situation (not sure how many were secured). |
|
|
|
Posted: 1/26/2014 7:41:27 PM EDT
[#6]
Quote HistoryQuoted: "Employers who do not comply with employment tax laws may be subject to criminal and civil sanctions for willfully failing to pay employment taxes,” said a statement from the IRS office in St. Louis. "Employees who do not have taxes withheld nor remit them personally are still liable for these taxes and may not qualify for Social Security, Medicare or unemployment benefits.” Quote HistoryQuoted: Ok, not all the taxes, but the government can do some if they want to. This was a local place that owes $4 mil in back payroll taxes etc..Quoted: Quoted: Quoted: Quoted: I'm assuming Ohio has a labor board for such things. They'll seize the assets of the company to settle the debts. Bullshit. Unless employees are being used to hide assets or some edge case. "Employers who do not comply with employment tax laws may be subject to criminal and civil sanctions for willfully failing to pay employment taxes,” said a statement from the IRS office in St. Louis. "Employees who do not have taxes withheld nor remit them personally are still liable for these taxes and may not qualify for Social Security, Medicare or unemployment benefits.” http://www.sj-r.com/article/20140110/NEWS/140119916/10283/NEWS?template=printart Just so I am clear, the employee basically works for free because the employer didn't pay him, yet he has to pay the IRS for the hours he worked for free? ETA: How can there be withholdings due if there is no paycheck? |
|
|
|
Posted: 1/26/2014 7:56:59 PM EDT
[#7]
Quoted:
Thankfully not my main job, but my part time job was shut down by the State last week for non-payment of taxes. Came as a surprise to all of us employees. The bank wouldn't cash my paycheck Friday, citing insufficient funds in the business account. I am due another paycheck tomorrow for work already completed last week, and I just got a text from my now ex-employer that I shouldn't expect either check to ever clear the bank as he is heading for bankruptcy. Any thoughts on the next step? Who to call? Is this illegal enough to warrant a call to the sheriff? I can't imagine I would receive anything via small claims court as the guy is obviously broke. Ain't it great ...... the economy is doing so well... 
|
|
|
|
Posted: 1/26/2014 7:57:47 PM EDT
[#8]
Quoted:
Thankfully not my main job, but my part time job was shut down by the State last week for non-payment of taxes. Came as a surprise to all of us employees. The bank wouldn't cash my paycheck Friday, citing insufficient funds in the business account. I am due another paycheck tomorrow for work already completed last week, and I just got a text from my now ex-employer that I shouldn't expect either check to ever clear the bank as he is heading for bankruptcy. Any thoughts on the next step? Who to call? Is this illegal enough to warrant a call to the sheriff? I can't imagine I would receive anything via small claims court as the guy is obviously broke. Ain't it great ...... the economy is doing so well...
|
|
|
|
Posted: 1/26/2014 8:12:03 PM EDT
[#9]
Meanwhile the FSA get their checks..
 |
|
|
|
Posted: 1/26/2014 8:18:00 PM EDT
[#10]
Try the Ohio Dept of Commerce - Wage and Hour Board.
|
|
|
|
Posted: 1/26/2014 8:18:23 PM EDT
[#11]
Have a computer or desk at work? If you want any hopes of getting any compensation, scoop that shit up and sell it.
|
|
|
|
Posted: 1/26/2014 8:40:45 PM EDT
[#12]
Quote HistoryQuoted: I expect ARFCOM's understanding of Title 11 Chapter 7 will be spot on per usual financial advice. Fully secured creditors come first then employees. You need to file a claim with the clerk once they actually file bankruptcy. You must file a claim for your unpaid wages if you want to get any money. While the money owed to you is an unsecured debt, the amounts owed for your last 180 days of work prior to the filing of the bankruptcy is considered a priority debt. The thing is you won't know if the company files bankruptcy unless you are listed as a creditor on schedule F. You are only going to have 90 days from the time the case is filed to file your claim so make sure you keep on top of it so you don't miss your window. Assuming that the business is a corporation or llc rather than sole proprietor it can file a chapter 7 (liquidation) or 11 (reorganization) and the rules are different for each. Hope they filed an 11, in which case your priority claim must be paid in full upon confirmation of their plan. But most likely they will file a 7 in which case secured creditors come first but only to the extent of their collateral. Anything owed to the secured creditors above the value of their collateral is an unsecured debt and they go to the back of the line for their money. If the collateral is worth more than the secured debtor's debts then that money would go to those first in line. While you can't count on getting any money, what you can count on is if you do get any money, it won't be for a long long time. |
|
|
|
Posted: 1/26/2014 8:45:38 PM EDT
[#13]
My wife is still owed $1000 from a none profit she worked for 10 years ago that closed shop.
They kept the doors open for years and never even tried to pay her.
|
|
|
|
Posted: 1/26/2014 9:06:32 PM EDT
[#14]
Quote HistoryQuoted:
There is absolutely nothing the police can or will do for you, as no crime was committed (unless you are positive that your boss wrote checks knowing the accounts had been seized). Writing bad checks isn't a crime in GA? In SC, it is a crime which is why every company I saw there that screwed-over employees didn't write checks they couldn't cover. I've been screwed by at least a dozen companies in SC, but none of them were stupid enough to write a bad check.z |
|
|
|
Posted: 1/26/2014 10:36:31 PM EDT
[#15]
Jeez that brings back memories. Place I worked at us white collar folks would be able to run out at lunch break on payday to cash our checks, and they most often would clear.
Production workers tied to printing presses would try to cash theirs when they got off at 4pm - no workee. And yeah, the owner was stuffing all the $$ into his own pockets. Had a Range Rover and Jag, kept an apartment in San Fran etc. Quote HistoryQuoted:
I used to work for a shitty company. We had a room FULL of copiers...no copier repair company would come there, they liked to get PAID. So, the boss would buy another used copier when the current copier would break down. The company owner drover a Rolls...and dodged the IRS. We would get a paycheck on Friday...but be told NOT to cash it until at least next Tuesday. No local vendor would extend the company credit...or even take a check. Boss had to pay CASH for stuff like copier and toilet paper. 
|
|
|
|
Posted: 1/26/2014 10:42:13 PM EDT
[#16]
Quote HistoryQuoted: "Employers who do not comply with employment tax laws may be subject to criminal and civil sanctions for willfully failing to pay employment taxes,” said a statement from the IRS office in St. Louis. "Employees who do not have taxes withheld nor remit them personally are still liable for these taxes and may not qualify for Social Security, Medicare or unemployment benefits.” Quote HistoryQuoted: Ok, not all the taxes, but the government can do some if they want to. This was a local place that owes $4 mil in back payroll taxes etc..Quoted: Quoted: Quoted: Quoted: I'm assuming Ohio has a labor board for such things. They'll seize the assets of the company to settle the debts. Bullshit. Unless employees are being used to hide assets or some edge case. "Employers who do not comply with employment tax laws may be subject to criminal and civil sanctions for willfully failing to pay employment taxes,” said a statement from the IRS office in St. Louis. "Employees who do not have taxes withheld nor remit them personally are still liable for these taxes and may not qualify for Social Security, Medicare or unemployment benefits.” http://www.sj-r.com/article/20140110/NEWS/140119916/10283/NEWS?template=printart Just so I am clear, the employee basically works for free because the employer didn't pay him, yet he has to pay the IRS for the hours he worked for free? ETA: How can there be withholdings due if there is no paycheck? |
|
|
|
Posted: 1/28/2014 3:15:23 AM EDT
[#17]
What about filing theft by check charges with the da.
Posted Via AR15.Com Mobile |
|
|
|
Posted: 1/28/2014 3:43:17 AM EDT
[#18]
BTDT in '99 when the dotcom bubble went pop. The senior engineer and I walked the CEO downstairs to the ATM and had him give us a few hundred each from his personal account so we could feed our families, and we each took a server under arm and took a stroll out the door. He got the domain controller, and I took the mail server. I was evicted the week before Christmas due to non payment of rent. 2 years later, i bought a house and was making triple the $$
Sorry to hear it OP, glad you have another income stream to hold you over. |
|
|
|
Posted: 1/28/2014 4:14:47 AM EDT
[#19]
Definitely file with the trustee.
Pretty much the only hope of eventually getting paid anything, is if the company is sold out of bankruptcy as a going concern. That means that the new owners acquire the assets and the debt, typically for some percentage of what is owed. If the assets are sold and it is dissolved, then it's going to be a lot harder. |
|
|
|
Posted: 1/28/2014 4:39:06 AM EDT
[#20]
Once the company files for bankruptcy you must file a claim to get any money.
I see the OP is in Ohio which has two bankruptcy districts, north and south. Their web sites are: North South Each site has a link to a PDF proof of claim form that you can fill in. The form doesn't require much information, just your name and address, your old company's name and bankruptcy case number how much they owe you and the reason they owe you money (unpaid wages). Also make sure you mark off that your claim is a priority under 11 U.S.C. § 507 (a)(4) for "Wages, salaries, or commissions (up to $11,725*) earned within 180 days before the case was filed or the debtor’s business ceased, whichever is earlier" If you have some time sheet records you could attach them if you want but if you do make sure they are redacted of personally identifiable information such as your Social Security number, birth date, names of minor children and financial account numbers. (Not sure why your time sheet would have any of those except maybe SS# but I gave you the full list anyway. It does not appear that you can file your proof of claim electronically yet in Ohio so you will have to mail or deliver the form to the proper bankruptcy court house. Creditors are fortunate in Florida in that they can file electronically (at least in the southern and middle districts, don't know about northern). Here you don't even have to fill in the PDF, you just go to a web page, answer some questions and it will generate and submit the form. Good luck OP and I hope you get some money.... maybe it will be like getting a xmas bonus at the end of 2014. |
|
|
Win a FREE Membership!
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.
