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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.)


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