Legal Question in Employment Law in Arkansas
Paychecks Owed
I was employed w/ a company that began suffering from major financial problems. Because of not getttng payed up to 4 weeks w/ out any pay, I took a layoff so that I could atleast draw my unemployment. I was told that I would receive my pay...but its now been 3 weeks since I have been gone. To add also, I had insurance premiums being held out of my pay for almost a year and discovered that my employer let my insurance lapse due to not paying the insurance company. The insurance company states that my premiums stopped being paid in Dec. 2002 and my employer was still holding out money up intil Nov. 2003. I want all my money that is owed to me. My family and my finances have suffered tremendously. I need help in assistance w/ this matter. Employees have rights also.
2 Answers from Attorneys
Re: Paychecks Owed
You may have claims against your former employer for the unpaid wages and for the unpaid premiums. Unfortunately, it is not uncommon for an employer to stop paying the insurance premiums when times get tight financially. This does not relieve the liability for the employer and it creates several problems for the employee.
You would probably be best served by speaking with an attorney in regards to these issues. If you would like to contact us, I can be reached at [email protected].
Re: Paychecks Owed
Your options depend partly on what the company is doing now. Are they still operating? Have they filed for bankruptcy?
I assume one of the reasons you haven't been paid or the insurance co. wasn't getting paid for your premiums is because of the financial problems you say the company was having. That leaves a problem for you to be able to get anything from them now. From what you write, it sounds like you are owed some money for wages and insurance premiums that were withheld but not paid. The problem is that if the company has no money, then getting a judgment against them wouldn't do much good since they wouldn't be able to pay it.
You may want to attempt to collect the debt or obtain a judgment against them. I would need more info to see if it would do much good. I would be glad to discuss this further with you if you would like to provide me with more details. I do not charge to determine if I think you have a case or not.
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