How should I get paid if I have worked in a restaurant for 10 years gotten paid by salary and the restaurant closed one week before my payment was due

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How should I get paid if I have worked in a restaurant for 10 years gotten paid by salary and the restaurant closed one week before my payment was due

Asked on March 23, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are not paid for work you did, you  can sue for the money. However, even when you have a legal right to be paid, it can sometimes be difficult or impossible to collect. If the restaurant was owned by or organized as a corporation ("inc.") or limited liability company ("LLC"), you can only sue the business itself. If the business has been dissolved or has no more money, income, or assets, then you can't recover your salary.

If the restaurant was a sole propreitorship (one owner, and not through a LLC or corporation) or partnership (two or more owners, not through a LLC or corporation), then you may also sue the owner(s) personally.


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