Is there anything that can be done when an employer hasn’t paid wages for 6 weeks? other than file complaint with Dept of Labor

Currently, our employees haven’t been paid since 3/1. checks written were either returned from our bank or uncashable at the bank it was written on. Filed complaint with Dept of Labor. Is there anything else we can do? This woman should not be in business. She should be arrested for writing bad checks knowing there wasn’t any money in account.

Asked on April 21, 2016 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You could try suing--e.g. in small claims court (fast, simple, and inexpensive if you act as your own attorney, or "pro se"). Note, though,  that if there is no money in the businsess--whether that's due to bad luck, bad management, bad debts from customers, or bad (i.e. criminal) behavior, you are unlikely to recover your money. Regardless of right or wrong, or whether the employer is liable (as, based on what you write, she seems to be), a court judgment in your favor does not make money appear where this none: even if she is ordered to pay you, if there is no money, you won't be paid. 
If the business is a corporation or an LLC (limited liability company), you sue the business; if the business was a sole proprietorship or partnership (i.e. not an LLC or corporation), you sue the owner(s) personally.


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