Legal Question in Employment Law in Florida

Last Paycheck

After working for an Internet hosting company for three months, I left because of unethical practices. The company was owned by two partners, one of which is a lawyer. I have been promised since Nov 2001 that I would receive my last paycheck, but have not. Two weeks ago, the company filed a dissolution. Last Friday, I received in the mail, a notice from the US Bankrupcy Court notifying me that one of the partners has filed Chapter 7. The chapter 7 is under his name, not the company. Do I have a claim as a creditor? They owe me two weeks pay. I have all correspondences from them acknowledging the fact that they owe me. I can't afford the filing fee, which is why I haven't done so.


Asked on 9/09/02, 2:36 pm

2 Answers from Attorneys
Louis Lozeau Wright, Ponsoldt & Lozeau, Trial Attorneys, LLP

Re: Last Paycheck

Generally speaking, your claim is against the company. You may also have claim against the individual directors, however, I am not in a position to evaluate your claim without more information. My recommendation is that you pursue a small claims case if your wages owed are less than $5,000. You may be able to file as an indigent if you can't afford the filing fee.

Good luck.

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Answered on 9/10/02, 7:51 am
Keith Stern Shavitz Law Group

Re: Last Paycheck

You can file suit against the Company and file a Motion with the Court to file in forma pauperis if you can't afford the filing fee.

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Answered on 9/10/02, 10:56 am


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