Legal Question in Employment Law in California
Back Overtime Judgement
My husband has worked for a corporation, I refer to it as ''The Titanic'' for 21 years; 3 years ago the owner of the business brought his son in to run the business and he has pretty much bankrupt what used to be a successful and solvent company that has been around for 39 years. During the past three years at least 20 of my husband's paychecks have bounced, and two times in less than a year our medical insurance coverage was cancelled without our knowledge, but the son continued to take out each week the employee contribution. They also owe my husband over $10,000 in back overtime, which was awarded to him by the Dept. of Labor, which he has not received one payment towards this judgement. My husband is leaving the company (surprise, surprise) and his last paycheck and the paycheck before have been returned for insufficient funds. My husband is also owed 6 weeks vacation time because he hasn't been paid or taken a vacation in three years. In checking with the Secretary of State, I discovered that the corporation is now solely in the son's name. What legal recourse do we have should he file banrupcy. He also owes the IRS for the 1st and 3rd quarter payroll taxes from last year and he's avoiding them.
1 Answer from Attorneys
Re: Back Overtime Judgement
If you've already got an award or judgment for a large sum, plus are owed other amounts that require you to sue, then your problem is in collectability. If the company goes BK, you will be in line after the IRS and State tax authority, and will need an attorney to help you with filing and pursuing your Claim in the bankruptcy court. Before the company files BK, you can have your attorney try to collect through Writ of Execution and levy on the company accounts and other assets. Call if interested. 714-960-7584
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