Can I receive a paycheck owed to me from a private business no longer in operation?

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Can I receive a paycheck owed to me from a private business no longer in operation?

I worked for a privately owned business for 5 months. The owner is terminally ill and “dissolved” her company. I am owed for a week and a half of work but she said she is no longer in charge of her finances. She has promised me payment. Is there any way to get my compensation? She plans to leave the state very soon.

Asked on August 23, 2012 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your only recourse would be to sue; one option would be to sue in small claims court, where you could act as your own attorney (saving lawyer fees). If the company was a corporation or LLC and it has been actually dissolved, then you do not have any effective recourse, though--when a business is a corporation or LLC, you can only sue the business, and if the business does not exist any more, there is no one to collect money from. On the other hand, if it was not a corporation or LLC, you should be able to sue the owner personally.


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