Legal Question in Employment Law in California

Order, Decision or Award of the Labor Commissioner (ODA)

CA

Thank you in advance!

I've recently won a claim. Here are the facts:

Employers 1. XX, LLC (holds 40% of the business - served and appeared for hearing at DLSE)

Employer 2. YY, Corporation (holds 60% of the business - was not served and did not appear for hearing)

YY is now being sued by XX for fraud. Not sure if these details matter but, XX claims to have their checks fraudulently used by YY to pay for the employees without their knowledge.

It's been more than 10 days now and I still haven't got paid. No information for an appeal on employer's end either? It's an LLC, will they really get away after company defuncts? What shall I do?


Asked on 8/28/10, 5:47 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If anyone gets a judgment against a defendant that has nothing, then nothing is what they are going to collect. Unless your claim included as defendants the owners, officers or directors individually, there isn't much you can expect from this if the company is 'defunct'. If the company does not appeal, you can obtain a formal judgment, get a writ of execution, and try to find assets to seize through the Sheriff. If they file bankruptcy, you can file a Claim with that court.

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Answered on 9/02/10, 6:14 pm


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