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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 7 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 7 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption