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Posted: 1/26/2014 4:22:54 PM EDT
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.
Link Posted: 1/26/2014 4:24:01 PM EDT
Link Posted: 1/26/2014 4:28:18 PM EDT
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Originally Posted By Paul:
I'm assuming Ohio has a labor board for such things.

They'll seize the assets of the company to settle the debts.
View Quote


I honestly have no idea. I believe the property assets have already been seized.

Off to google labor board.
Link Posted: 1/26/2014 4:29:03 PM EDT
Not expert but employees have high standing in the bankruptcy claim but then the question is what is there left to get in the bankruptcy.  Good luck.    If you do get anything it may be awhile.  You may have to file with the court the wages you were owed.
Link Posted: 1/26/2014 4:32:16 PM EDT
Sorry to hear OP
Link Posted: 1/26/2014 4:32:21 PM EDT

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Originally Posted By Paul:


I'm assuming Ohio has a labor board for such things.



They'll seize the assets of the company to settle the debts.
View Quote
Employees are unsecured debts, so last in line? I know the state and feds put themselves in first for taxes owed. Hell they can go after the employees for the money not paid by the employer if they want to. OP you aren't gonna see a dime.



 
Link Posted: 1/26/2014 4:34:17 PM EDT
SSS
Link Posted: 1/26/2014 4:35:40 PM EDT
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Originally Posted By P08:
Employees are unsecured debts, so last in line? I know the state and feds put themselves in first for taxes owed. Hell they can go after the employees for the money not paid by the employer if they want to. OP you aren't gonna see a dime.
 
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Originally Posted By P08:
Originally Posted By Paul:
I'm assuming Ohio has a labor board for such things.

They'll seize the assets of the company to settle the debts.
Employees are unsecured debts, so last in line? I know the state and feds put themselves in first for taxes owed. Hell they can go after the employees for the money not paid by the employer if they want to. OP you aren't gonna see a dime.
 


I figured, Thankfully my main job pays the bills and this was extra spending cash. But a few employees relied on that paycheck and this will seriously fuck them over.
Link Posted: 1/26/2014 4:36:53 PM EDT
It looks like the Ohio labor relations board is more focused on union contract negotiations. I will probably still call them tomorrow.
Link Posted: 1/26/2014 4:38:26 PM EDT
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...
Link Posted: 1/26/2014 4:39:03 PM EDT
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Originally Posted By P08:
Employees are unsecured debts, so last in line? I know the state and feds put themselves in first for taxes owed. Hell they can go after the employees for the money not paid by the employer if they want to. OP you aren't gonna see a dime.
 
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Originally Posted By P08:
Originally Posted By Paul:
I'm assuming Ohio has a labor board for such things.

They'll seize the assets of the company to settle the debts.
Employees are unsecured debts, so last in line? I know the state and feds put themselves in first for taxes owed. Hell they can go after the employees for the money not paid by the employer if they want to. OP you aren't gonna see a dime.
 


Most of the time they are right behind secured creditors in hierarchy.
Link Posted: 1/26/2014 4:39:21 PM EDT
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Originally Posted By paul1911:
Not expert but employees have high standing in the bankruptcy claim but then the question is what is there left to get in the bankruptcy.  Good luck.    If you do get anything it may be awhile.  You may have to file with the court the wages you were owed.
View Quote


Not first in line, and likely nothing will be left once the secured folks get theirs.

BTDT, got screwed.

Contact the labor board, then move on.
Link Posted: 1/26/2014 4:40:30 PM EDT
[Last Edit: 1/26/2014 4:41:09 PM EDT by AeroE]
Link Posted: 1/26/2014 4:40:49 PM EDT
Link Posted: 1/26/2014 4:41:00 PM EDT
I'm Still owed $2500 in back wages from 1994 if that makes you feel anybetter
Link Posted: 1/26/2014 4:42:18 PM EDT
File a mechanics lein
Link Posted: 1/26/2014 4:42:44 PM EDT
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.
Link Posted: 1/26/2014 4:43:11 PM EDT


Can you foreclose on the office?

Link Posted: 1/26/2014 4:46:24 PM EDT
In many states the employees are first paid . Contact the National labor relations board on Monday . You may be able to sue . Good luck In am still owed $10,300 from Collision avoidance systems from 2000 . I expect to never see it
Link Posted: 1/26/2014 4:48:25 PM EDT
Been there, done that. Sued the place got a judgement for all $4500, still waiting five years later. Overall for the best as I went back to school and got a great career now.
Link Posted: 1/26/2014 4:49:48 PM EDT
Do you know where the owner lives..........
Link Posted: 1/26/2014 4:50:14 PM EDT
Link Posted: 1/26/2014 4:50:36 PM EDT
1. I'm glad it's not your main job.  2. I would not show up for work there again if they say things are turned around.  Screw that.
Link Posted: 1/26/2014 4:51:03 PM EDT

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Originally Posted By thearmschest:


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...
View Quote
not if someone owes him money and then pulled the rug out from under him, governments are the worst at screwing contractors, suppliers, vendors



 
Link Posted: 1/26/2014 4:53:01 PM EDT
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.



Link Posted: 1/26/2014 4:55:56 PM EDT
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Originally Posted By badeffect10:
Do you know where the owner lives..........
View Quote


Yes, not going down that road. Not worth getting in trouble for.
Link Posted: 1/26/2014 4:57:39 PM EDT
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Originally Posted By clinteastwood:
I would not show up for work there again if they say things are turned around.  Screw that.
View Quote


Oh yeah!
Link Posted: 1/26/2014 5:04:23 PM EDT
[Last Edit: 1/26/2014 5:06:25 PM EDT by kaos]

Originally Posted By Cpt_Kirks:


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.







View Quote



I worked for a fire equipment company, my first year of college, the owner of the company would hand my my paycheck and 'tell' me not to cash it until Tuesday.
Didn't stop the owner and manager from hanging out at the bars and racetrack in Delaware all weekend, though.


 
Link Posted: 1/26/2014 5:06:53 PM EDT
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Originally Posted By Paul:
I'm assuming Ohio has a labor board for such things.

They'll seize the assets of the company to settle the debts.
View Quote


and it's gonna take a long while to see a fraction of the cash owed to you
Link Posted: 1/26/2014 5:10:10 PM EDT
Jesus effing Christ people I spelled out the order and how to go about it.

Earned employee wages come right after fully secured creditors, if you do not file with the bankruptcy court you will not be paid.  You also may be protected depending on if pension and health benefits are done a certain way.
Link Posted: 1/26/2014 5:20:48 PM EDT
Lets just say that I would hold on to any collateral I had until I got what I earned. Laptop, vehicle, CC, etc. Not stealing if you have earned it, just an alternative form of payment provided by your (former) employer for services  already rendered

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Link Posted: 1/26/2014 5:28:38 PM EDT
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Originally Posted By 03PSD:
Lets just say that I would hold on to any collateral I had until I got what I earned. Laptop, vehicle, CC, etc. Not stealing if you have earned it, just an alternative form of payment provided by your (former) employer for services  already rendered

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I have seem the trustee have the popo come and take it back or made people pay if they disposed of an item listed on the table of assets.
Link Posted: 1/26/2014 5:29:29 PM EDT
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Originally Posted By 03PSD:
Lets just say that I would hold on to any collateral I had until I got what I earned. Laptop, vehicle, CC, etc. Not stealing if you have earned it, just an alternative form of payment provided by your (former) employer for services  already rendered

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It is most definitely stealing.  The assets are part of the bankruptcy, and are to be used as per the JUDGE in the bankruptcy proceedings.

File your claim and wait in line, else that same JUDGE can have you arrested for stealing, contempt, and probably kicking your dog.
Link Posted: 1/26/2014 5:31:02 PM EDT
Had that happen to a place I had worked at for a month.
Link Posted: 1/26/2014 5:36:53 PM EDT
Unsecured creditor.....Pennies on the dollar awaits you.

I would still go ahead and file as a little is better than nothing. Those pennies mount up.
Link Posted: 1/26/2014 5:40:56 PM EDT
Soap in a sock party with all the ex workers.
Link Posted: 1/26/2014 5:46:30 PM EDT
Hate to break this to you now...but if the IRS can't get the withholdings your employer (embezzled) took from your paycheck and didn't submit...YOU could be held liable and you'll have to pay the IRS again.


Check with your tax advisor...
Link Posted: 1/26/2014 5:46:46 PM EDT
I was laid off without warning the week after christmas 2008, they still owe me 1800.00 dollars
Link Posted: 1/26/2014 5:51:03 PM EDT

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Originally Posted By P08:



Employees are unsecured debts, so last in line? I know the state and feds put themselves in first for taxes owed. Hell they can go after the employees for the money not paid by the employer if they want to. OP you aren't gonna see a dime.

 
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Originally Posted By P08:



Originally Posted By Paul:

I'm assuming Ohio has a labor board for such things.



They'll seize the assets of the company to settle the debts.
Employees are unsecured debts, so last in line? I know the state and feds put themselves in first for taxes owed. Hell they can go after the employees for the money not paid by the employer if they want to. OP you aren't gonna see a dime.

 




 
Bullshit.  Unless employees are being used to hide assets or some edge case.
Link Posted: 1/26/2014 5:57:21 PM EDT
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Originally Posted By NotAFudd:


I have seem the trustee have the popo come and take it back or made people pay if they disposed of an item listed on the table of assets.
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Originally Posted By NotAFudd:
Originally Posted By 03PSD:
Lets just say that I would hold on to any collateral I had until I got what I earned. Laptop, vehicle, CC, etc. Not stealing if you have earned it, just an alternative form of payment provided by your (former) employer for services  already rendered

Posted Via AR15.Com Mobile


I have seem the trustee have the popo come and take it back or made people pay if they disposed of an item listed on the table of assets.



No problem,  they can come and get them. I wouldnt waste a second of my time tracking down the trustee. I wonder how complete, current, and accurate an asset list a company would have that doesnt pay taxes. Hmmm..???

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Link Posted: 1/26/2014 6:01:07 PM EDT
How much are you talking?
Link Posted: 1/26/2014 6:09:24 PM EDT
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Originally Posted By MTNmyMag:
I was laid off without warning the week after christmas 2008, they still owe me 1800.00 dollars
View Quote


The lost wages are a tax deduction though.
Link Posted: 1/26/2014 6:16:19 PM EDT
This happened once to my Dad. This was his only job. Check bounced and he filed for restitution in bankruptcy court. IIRC he got 2 dollars and change for 2 weeks work a half a year later.
Link Posted: 1/26/2014 6:20:14 PM EDT
[Last Edit: 1/26/2014 6:21:15 PM EDT by P08]


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Originally Posted By ceverett:
 

Bullshit.  Unless employees are being used to hide assets or some edge case.


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Originally Posted By ceverett:





Originally Posted By P08:




Originally Posted By Paul:


I'm assuming Ohio has a labor board for such things.





They'll seize the assets of the company to settle the debts.
Employees are unsecured debts, so last in line? I know the state and feds put themselves in first for taxes owed. Hell they can go after the employees for the money not paid by the employer if they want to. OP you aren't gonna see a dime.


 



 

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
 
Link Posted: 1/26/2014 6:25:12 PM EDT
Boy that sucks, luckily wasnt your main source of income.
Link Posted: 1/26/2014 6:30:32 PM EDT
What kind of taxes are we talking about? Everyone is assuming payroll taxes when it maybe sales tax (hence State involvement). If it's sales tax, then that will get paid first.
Link Posted: 1/26/2014 6:39:15 PM EDT
[Last Edit: 1/26/2014 10:04:32 PM EDT by A_G]
As others have said, unfortunately you more than likely won't see a thing. Fuck this asshole, he just fucked over a few families.

If he "had no fault" in this, as in he wasn't paid for services or products rendered, I'd think he would mention that or give some warning of what was to come. Since that didn't seem to happen, I'd venture to say he was culpable.
Link Posted: 1/26/2014 6:39:16 PM EDT
too bad you could remove property from the place you worked at and sell it to regain your losses.























Link Posted: 1/26/2014 6:40:26 PM EDT
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Originally Posted By ILikeBlack:


The lost wages are a tax deduction though.
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Originally Posted By ILikeBlack:
Originally Posted By MTNmyMag:
I was laid off without warning the week after christmas 2008, they still owe me 1800.00 dollars


The lost wages are a tax deduction though.

That money would have been paid to me in 2009 I was laid off and on unemployment  a tax break wasn't really anything I thought of as a positive.
Link Posted: 1/26/2014 6:41:21 PM EDT
My dad got paid one time in a situation lime this when he told the owner that he was going to kick his butt unless he paid him in cash right then.  That was many years ago and I'm sure the law wouldn't have come down on him near as hard as they would now.  Guy did pay him in cash right then.

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Link Posted: 1/26/2014 6:50:08 PM EDT
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Originally Posted By thearmschest:
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...
View Quote



Not exactly. It could have been a screw up on the IRS side. They don't give warning. They contact the bank from their end. The accounts get locked. I've dealt with this before. You can get the accounts open the same day but the problem is if they close them on a Friday, it's going to take next week.

I was working with an agent on my file and correcting a payment error. The agent said to send a check in. The next day, accounts are locked. I was able to correct it but it took all day. The agent had no concern about payroll. No concern about business operating. They couldn't care less. One person

sitting on their fat ass in the govt job just shut down everything with a few keystrokes. They pretty much said "sorry, my bad".
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