Legal Question in Business Law in New York

Company Lcated in : (NY)

I worked for a IT cnsulting company from 2002 to 2005 and again from 2007 to 2008.I had a dispute with my ex employer for backwages dated 2004/2005.At that time,he issued pay checks,W2 but didn't pay from 02/2004 onwards till 12/2005 and asked me to wait for a month and that month ended till date. At that time he said he has some adjustments to do but he kept on telling different stories he didn't pay most of the year except some irregular payments which I do have details with dates and amount deposited etc.I worked as a permanet employee for that company at that time.He didn't pay,later on he started saying the middleman through whom I worked from 11/2004 to 01/2005 didn't pay and matter is in the court.He can't pay until he collects money from middleman.He issued postdated checks toward backwages on Oct 25,2010,but didn't honour those checks so I filed a lawsuit againt him.Now he says company is dissolved.I checked NY sos site and the company is "INACTIVE - Dissolution by Proclamation / Annulment of Authority (Aug 25, 2009).He opened a new consulting company on another person's name by claiming himelf as CTO of that company.

Can he dissolve company in 2009 and issue checks on company account in 2010?

Can I go after him intead of company?

While I'm taking legal action against him,Why he' spending money on lawyer when the company is dissolved?

He says I left the job without warning in 2004,I informed him 15 days before leaving and I've dcumentational evidence?

As the lawuit is in compliance conference stage and I would like to know my options?


Asked on 8/21/12, 8:38 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

The largest share holders are responsible for certain employees wages even if company is dissolved. An example is salespeople. Salespeople can also get triple damages.

Additionally using checks on an account you know its closed is fraud and a criminal complaint can be made, but in general NYC District Attorneys don't proceed on these matters and say it is a civil matter.

Leaving a job without notice is not legally wrong unless there is an agreement or an employee booklet with rights and responsibilities.

It sounds like you have the information properly lined up, but you may want to hire a lawyer if its a large sum or to just review the file and help you arrange the case for trial. They would also be able to advise if you should add any claims. For example if the bad checks were mailed to you, or had phone conversations with him regarding the amounts owed, you could have a RICO claim on those amounts which would triple the amount you could claim.

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Answered on 8/22/12, 11:18 pm


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