Legal Question in Bankruptcy in Illinois

My place of employment closed, how do I get my paycheck?

I arrived at work this morning to find a ''closed'' sign on the door and the website removed from the internet. I was suppose to be paid today, how do I get my paycheck? Also, how do I get paid for the weeks I have worked that are suppose to be paid the next period (we have a three week lag between work and pay). If the business is closed, the owner filed bankruptcy etc, is the owner still required to pay his employees? What can I do?


Asked on 9/05/07, 9:11 am

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: My place of employment closed, how do I get my paycheck?

If they actually did file bankruptcy you should get a notice of said bankruptcy. Wages are a priority debt, and will be paid before other unsecured creditors. However, you will need to file a proof of claim with the bankruptcy court. Whether you get any money depends on whether there are any assets to pay the wages. It may be that they need to liquidate the business before you see any money.

If they do not file bankruptcy, you can file a federal wage claim.

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Answered on 9/05/07, 2:29 pm


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