so my job just up and shut down without telling the employees and we haven’t been paid can I take legal actions

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so my job just up and shut down without telling the employees and we haven’t been paid can I take legal actions

so my job just up and shut down without
telling the employees and we haven’t been
paid can I take legal actions?

Asked on October 4, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you weren't paid for work you did, you may sue for that pay--but for not additional pay: that is, the employer may legally shut down whether it wants and does not owe you pay from the moment it shuts down forward. It only owes you pay up to when it shut down.
If the employer was a sole proprietorship, you may sue the owner personally, and if it won't pay, could try to collect from his real estate (e.g. with a lien) or bank accounts (e.g. levying or executing on his account). This gives you a reasonable chance of collecting.
But if the employer was an LLC or corporation ("inc."), you can *only* sue the company itself: the owner(s) are not personally liable for the employer's debts, including to its employees. That means that if the LLC or corporation is insolvent (no money) or has been dissolved, you will not be able to collect your money, even if you win your lawsuit. 


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