Legal Question in Employment Law in Colorado

My former employer shut down operations then notified me on January 7 2010 that my employment was terminated on December 31. I had already worked some hours in January though. I did not want to resign even though they had not paid me for several months, promising to make good on the amounts owed (about $20k!). I am making demand for payment but they transferred company assets to another LLC and dissolved the LLC I was working for. What can I do? Can I pursue the new LLC or the owners personally since they transferred company assets?


Asked on 2/23/10, 12:50 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

You need to contact an attorney as soon as possible. Depending on the facts you may have considerable leverage under a wage act claim. Regarding the dissolution and then subsequent organization, you may be able to go after the new company and possibly the respective members under what is called successor liability or fraudulent transfer theories. If this new company is essentially in the same line of business with the same parties it may be considered the legal successor to the original LLC and responsible for the prior obligations.

All of these issues are very dependent on the facts and you are best getting professional advice to assert your rights.

DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney-client relationship.

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Answered on 3/03/10, 8:38 am


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