If the company I worked for closed down and I did not get my paycheck, is there any way I can get paid what I’m owed?

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If the company I worked for closed down and I did not get my paycheck, is there any way I can get paid what I’m owed?

I hear the owners house is foreclosed, so they probably have no money.

Asked on April 30, 2012 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the company was a limited liability company (LLC) or corporation (inc.), it was its own legal entity--it's own legal "person," if you would--and you could only sue the company itself for not providing a paycheck. If the company has closed down and has no income or assets, there's no way to recover the money.

If the company was a sole proprietorship, you could sue him/her, since the company was the owner, and vice versa. However, if the owner has no money, again, you will effectively be unable to recover from him or her.


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