My boss died on December 10 2016 and passed away owing me a paycheck of 1050 dollars, is there anything I can do I don’t know if I am going to get paid. By the way I live in Florida

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My boss died on December 10 2016 and passed away owing me a paycheck of 1050 dollars, is there anything I can do I don’t know if I am going to get paid. By the way I live in Florida

I worked for Marble Medics of Cape Coral and was paid at the end of every job. I worked for $75 per day. On Wednesday December 7 2016 we completed a Terrazzo restoration job and my total for the was $105 or 14 days total on the job. On December 10 in the early morning hours my boss had a medical issue that he did not survive, and a state autopsy is now in progressI am not sure when the actual autopsy will be performed but his body was removed by the coroner under suspicious circumstances he was only 31 years old.

Asked on December 12, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were working for an LLC or corporation, the LLC or corporation still owes you the money--that's the good news. The bad news is, no individual person would owe you anything, so if the LLC is shut down, dissolved, is involvent, etc., you will not be paid. Only if the LLC or corporation is a going concern--someone keeps running it--are you likely to be paid.
If you were working directly for the deceased, then his *estate*, but not his brother or his wife, owes you the money; you can put in a claim vs. the estate, but that can be slightly complex, will take months, and may not result in any payment, if the estate is insolvent (more debts than assets) or if the bulk of assets pass outside the estate (e.g. were jointly owned with right of survivorship, or were pay on death/transfer on death accounts, etc., to that they automatically become another's property on death). 
The odds are strong, unfortunately, that you will not be paid unless someone connected with the business or family chooses to voluntarily pay you. 


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