Legal Question in Employment Law in Georgia

employment issue

My ex employer is out of business, he filed bancktrupcy, he still owes to 10 employees and I'm one of them. Its been 4 months I havent got my last paycheck yet, I do have a check he gave me but its a bad check. He keeps on telling us his banckruptcy lawyer will adjust the escrow and distribute it to the employees, I called his lawyer no answer, I have my signed timesheet proving i worked for him and entitled for my last paycheck and I got the bad check too, what should I do, would small claims court be a solution, please help


Asked on 6/02/09, 11:16 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: employment issue

If the employer is in bankruptcy, you will need to make sure your claim is filed on time and probably sit and wait to see if you get anything. If there are funds for creditors (and usually there is not in a Ch. 7), it is normally a year or more after filing that funds are distributed. Filing a suit, or even making a call to collect a prepetition debt, from a company in bankruptcy violates federal law.

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Answered on 6/03/09, 6:36 am


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