If 2 owners, jointly and individually, are ordered to issue a paycheck, does that mean that together they equal the amount or is that amount due from each of them?

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If 2 owners, jointly and individually, are ordered to issue a paycheck, does that mean that together they equal the amount or is that amount due from each of them?

I won a wage claim.

Asked on May 24, 2018 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Without seeing the order to which you refer, we cannot give a 100% definitive answer in this case. That said, as a general matter, the type of liability you refer to means that together they owe the full amount (and not that each owes it, so that the recipient is paid twice). The person whom them must pay (e.g. an employee to whom they owe the money) could, if not paid, seek it from one, the other, or both, at his or her option. (E.g. if one is known to have money but the other is insolvent, the person owed the check could go after the one with resources.) If one of them ends up paying more than his or her share, he or she could take action against the other owner to force that person to contribute--but that's an issue between the two of them. The order itself requires that in some way, one or both of them pay the total amount of the order.


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