Legal Question in Bankruptcy in California

Employee wages vs. Employer Chapter 11

Dear guru,

I'll give you a brief version of my dilemma... Here's the time line

9/30/97 Husband started work for contractor - regular employee status

5/11/98 Fell thru roof at work, seriously injured

6/2/98 Back to work, modified duty, workers comp

11/9/98 owner files Chapter 11 BK, not listing my husband

12/8/98 husband sells job a.m., large commission due, husband "let go" due to "no position for him"

12/10/98 husband asks for reimbursement of wages, and commission - owner refused to pay

12/11/98 husband files with State labor commissioner

1/7/99 Conference, hearing, COntractor told to pay

1/8/99 COntractor tells Labor Commissioner he filed BK in November

1/11/99 Labor Commissioner states they have no jurisdiction to collect,pulled BK file, husband not listed

1/11/99 Filed complaint with contractors board for failure to pay employee

Where do we go from here?


Asked on 1/14/99, 12:26 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Employee wages vs. Employer Chapter 11

I'm a little confused by your facts. Is there a difference between the "contractor" and the "owner" who filed Ch. 11? If your husband is owed money for work he performed and that work was done prior to filing the bankruptcy, he definitely has a claim for the amount owed. A claim should be filed in the Ch. 11. His claim may even have priority status depending on certain factors which I cannot go into in a simple letter here. If you desire more assistance, please give me a call at (818)509-1173 and I will be happy to help.

Sincerely,

Mark

(818)509-1173

Mark Markus

Law Office of Mark J. Markus

11684 Ventura Blvd., Ste. 403


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Answered on 1/26/99, 8:51 pm


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