Legal Question in Employment Law in Florida

Company closing, says they can't pay me

My company president has told me they will be closing the doors, and will be unable to make payroll tommorow. They said there is no money to pay people with. I have the cash deposits from the weekend sales that are suppossed to be deposited into the company's bank account. These deposits equal what I am owed. Do I have any right to this money if my paycheck does not arrive as scheduled tommorrow?

Thank you.


Asked on 5/01/06, 11:08 am

1 Answer from Attorneys

Keith Stern Shavitz Law Group

Re: Company closing, says they can't pay me

I would be very careful in this situation because you are in a very difficult situation. I do not recommend taking cash from a deposit that is supposed to be made for the company's receivables because even if the Company has put you on notice that they do not have sufficient funds to make payroll, if you take the money to be deposited, you could very well be arrested from criminal theft and also be subject to civil liability as well. I understand this may not seem fair that they could potentially not pay on the next regularly scheduled payday, but however much you are owed in wages would not seem to be worth getting arrested . . . and if you take the deposit money, they would seem to have a legitimate basis to file criminal charges.

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Answered on 5/01/06, 12:11 pm


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