What to do if moss’s messy divorce is preventing me from being paid?

UPDATED: Apr 11, 2012

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What to do if moss’s messy divorce is preventing me from being paid?

My IRA contributions were not being deposited into the account. Confronted boss, it sounded like an accident. Continued with no change until I quit after 2 more months. He said he’d pay for my accrued vacation time and the IRA money. It has been over 6 months and haven’t seen any money. Now he claims his assets are frozen due to a messy divorce and there’s nothing he can do for a “couple months”. I feel that the longer this goes on the less likely I will see any of the money. What are my options? Should a messy divorce be a valid reason for not paying me? I’m owed thousands in IRA contributions, vacation time and a paycheck.

Asked on April 11, 2012 under Employment Labor Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your boss was the company's owner, it is not impossible that the assets or accounts with which he would have paid you have been frozen by court order--particularly if the business had been a sole proprietorship (i.e. there was no separate legal entity, like a corporation ("inc.") or limited liability company ("LLC")), and therefore the business's assets were his personal assets).

However, it is not necessarily the case that you can't do anything. You have a legitimate claim on these assets; you may therefore seek to intervene in the divorce proceeding as an interested party, or otherwise bring a legal action seeking a court order directing that you be paid your monies. You should consult with an attorney about how you may be able to intervene. (And note: if the boss is lying and his assets are not frozen, this will quickly come out with an attorney's assistance and you can take the appropriate action, such as simploy suing him for the money.)

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.

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