What to do if my employer commited suicide and now all his assets are frozen by the bank but I am unable too cash my payroll checks?

UPDATED: Apr 5, 2012

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What to do if my employer commited suicide and now all his assets are frozen by the bank but I am unable too cash my payroll checks?

Asked on April 5, 2012 under Employment Labor Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can try to either bring a lawsuit seeking "emergent" (think "emergency") relief in the form of a court order directing the bank to allow payment of your paychecks or, if there is an existing or pending legal action (such as one brought by the bank or by the employer's family), you can try to intervene in it as an interested party and seek the same relief (an order unfreezing assets sufficient to allow payment). Those, unfortunately, are your only options--you need a court  order directing the bank to pay you, and you can only do that by bringing your own lawsuit or intervening in an existing action. Ideally, you should get an attorney to help you--this can be complex; it's much more difficult than bringing your own small claims case, which is something a non-lawyer could credibly do--though if its not economically worthwhile to get an attorney, you could bring the action yourself.

Also, if you job is effectively terminated, since you can't be paid for working anymore, you may be able to apply for and receive unemployment benefits.

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 AttorneyPages.com 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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