how do i get my last pay from a company that was forced to shut down with no notice.

UPDATED: Oct 2, 2022

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how do i get my last pay from a company that was forced to shut down with no notice.

on October 10th I recived a text saying advanced personal care was forced to shut there doors with no notice they are no longer there I been with them for 4 years and now theres not one person at the building

Asked on November 1, 2019 under Employment Labor Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the company was not an LLC or corporation, you could sue the owner personally, since in non-LLCs or -coporations, the owner is personally liable for the company's debs, including payroll. But if it was an LLC or corporation, you could only seek money from (e.g. sue) the company itself, and if the company is insolvent (no money, or less than its outstanding debts) you will get little or nothing, since a successful lawsuit does not make money appear where there is none.

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 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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