How to go about collecting money my employer owes me?

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How to go about collecting money my employer owes me?

My employer had been having difficulty paying his employees for some time and finally had to close the business. I now am holding two paychecks and a copy of my time sheet from the last week I worked (which was signed by the office manager as verification). It was not unusual for me to have to hold my checks for a week or two after I recieved them. I feel bad for him because he is having such difficulty with finances but he does owe me and whatever his difficulties may be are his own creation. Anyway I am wondering what my options are at this point. My last day was about three weeks ago.

Asked on August 14, 2012 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could sue your employer, such as in small claims court (where you could act as your own attorney, saving on legal fees) to recover the  money: your employer was legally obligated to pay you. Bear in mind that if the business had been a limited liability company (LLC) or corporation (inc.) and has been closed, you may not be able to recover anything--there may be no money, and no entity (the business) left to pay you. On the other hand, if the employer was a sole proprietor (not an LLC or inc.) you could sue him personally--he is personally liable for your salary or wages.


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