Should I fill out a creditors claim as an Employee who was not paid wages?

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Should I fill out a creditors claim as an Employee who was not paid wages?

My Employer died. Lawyers took over management and failed to pay employees. We filed a Labor Wage Claim and a Retaliation claim. The hearing date is coming up soon. The administrator of deceased estate has sent out Notice to creditors to fill out a claim by a certain date. Should I fill this out if I have claimes with Labor Board. What is the pros and cons of doing so.

Asked on November 13, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you need to fill out the form: the claim with the Labor Board is the venue or mechanism you are using to adjudicate the claim, but in that sense, is no different than if you were suing in court or going through arbitration on the subject. The venue or mechanism, however, does not change the fact that you must register claims vs. an estate or risk being closed out when the estate probates--claims not noticed are lost when probate closes.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you need to fill out the form: the claim with the Labor Board is the venue or mechanism you are using to adjudicate the claim, but in that sense, is no different than if you were suing in court or going through arbitration on the subject. The venue or mechanism, however, does not change the fact that you must register claims vs. an estate or risk being closed out when the estate probates--claims not noticed are lost when probate closes.


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