If I was 1099 with a company that I worked for but didn’t get paid, who would I sue for the money I’m owed?

The district management shut down the company.

Asked on August 14, 2015 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the company was an LLC or limited liability company, or a corporation ("Inc."), you can *only* sue the company: the managers, executives, and owners of LLCs or corporations are not liable for their company's debts, including monies not paid to employees or contractors. If the company has been "shut down," however, there is either no one to sue (if the company has been dissolved and no longer exists) or, if there still is someone to sue, it may have not money to pay you (if whatever is left is just a shell without income or assets). This unfortunately may be a case where there is no way to get compensation. Only if the company is still in existence and has assets or income might you be able to recover your pay.


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