Legal Question in Employment Law in Utah
Employment/ Wages due/with commitment letter
I'm employed in the state of VA for a company based in Draper, Utah. The President of the company resides and works in VA, also a VP. Since the corporate office is based in Utah. Although, I represent and do business in VA; my question is:
EMployer owes me @ $50,000. - EMployer hasn't paid over 150 employees since Oct 1 2001. The employer keeps a running update meeting since Oct 1 - that funding is coming and all employees will be paid.
As of Jan 28, 2002 - no monies have been received. Where I can file a 'Motion for Judgment'..and / or where do I the proper legal action.
Please advise.
2 Answers from Attorneys
Re: Employment/ Wages due/with commitment letter
Your first step should be to file a wage claim
with the Labor and Employment Law Division of the Virginia Dept. of Labor and Industry (VDLI).
You can, I believe, download this form(wage claim) online by going to the Va Govt.website, and then click on the link to VDLI and then the link to the division referenced above. These folks have investigators and attorneys who can help you collect your back wages.
Re: Employment/ Wages due/with commitment letter
In addition to filing in Virginia you can file in Utah for your lost wages, with the Utah Department of Employment Security.
If you are working unser a written contract you can sue under the terms of the contract.
Note: Your company is at risk for bankruptcy, which if filed allows wages as a priority payment. That does not mean you are guaranteed any money, just that you get in line closer to the front to divide whatever exists.