Legal Question in Employment Law in California

Former Employer Owes Me wages

The small company I used to work for owes me a little over $10,000 in wages. I am currently looking for a lawyer to help me retrieve my wages. However, I heard that my old company is looking to sell their assets. I�m not sure if they have sold their assets or not. Or whether they will file for bankruptcy. Before I hire an attorney, what I want to know is, will it be possible to retrieve my wages once the company has sold their assets or has filed for bankruptcy? This small company is still currently on the stock market.


Asked on 6/06/04, 3:48 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Former Employer Owes Me wages

File a claim for your wages with the California Labor Commissioner as soon as possible. Don't wait to find an attorney to file suit for you because you may have difficulty finding one who will accept the case on a contingency basis. This is due to the relatively small amount of money, versus the amount of work to be done, as well as the uncertainty that a judgment will ever be paid.

It is possible that a wage claim can be collected in a bankruptcy proceeding but this will depend on how many other debts the company owes and how much money there is to go around. If the company does go BK, submit your clain anyway, and hopefully, you will get something out of it.

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Answered on 6/10/04, 6:57 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Former Employer Owes Me wages

Most attorneys will provide a half hour or so without charge on first visit. You should set appointment with an attorney to discuss all and go from there.

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Answered on 6/11/04, 11:06 am
Terry A. Nelson Nelson & Lawless

Re: Former Employer Owes Me wages

File your wage claim and stop procrastinating. The longer you wait, the more problems you will have. BK will cause problems, but employee rights to wages are supposed to be protected by the laws in bankruptcy. Your filing will put everyone involved in the sale on notice of your claim. Contact me if interested in getting help recovering your money owed.

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Answered on 6/11/04, 12:45 pm


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