Legal Question in Credit and Debt Law in Georgia
Acquiring back pay from a company about to file bankruptcy.
I am employed by an internet company. Due to lack of investors, we have not been paid in 60 days. We have been given stock options for every paycheck we have not received, and have been promised that as soon as money comes in we will be paid all that we are owed. What can I do to insure that I will receive my back pay even if the company goes bankrupt. This may happen in the next few weeks.
Thank you for your time
1 Answer from Attorneys
Re: Acquiring back pay from a company about to file bankruptcy.
Generally, wages are a priority claim in the event of a bankruptcy. This means they are paid ahead of many other creditors.
You may want to get written confirmation from your company that the stock options are not being given in lieu of wages, but only as compensation for the delay, so that there will be no question that the wages are still owed.
You might also consider asking the major stockholders to sign a document personally guaranteeing your wages. If they need your services badly enough, they might agree.
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