If my employer died, how do i get my last paycheck?

UPDATED: Oct 27, 2018

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If my employer died, how do i get my last paycheck?

Her mother and the secretary have been paying other company bills. When I ask for my paycheck for the week before she died they act like I am crazy for asking.

Asked on October 27, 2018 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you had worked for an LLC or corporation, that entity is still responsible to pay you: you could sue the LLC or corporation for the money.
If your employer had been the deceased (e.g. it was a sole proprietorship and he was the proprietor), you could submit a claim to his "estate" (the money and assets he left behind and if the estate does not pay, sue the estate (you'd have to file your claim before probate is ended). Contact the country (where he lived ) probate court for instructions on how to put in a claim vs. the estate.
Bear in mind that if there is no money left in the LLC or corporation or estate (whatever you would sue), you will not be paid: his survivors and employees do not have to personally pay you; you can only get money from the business or estate.

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