Legal Question in Employment Law in Utah
Wages and benefits not paid
My husband worked for a company that went out of business in February 2006. The employer took out the money from the paychecks for 401k and for our Cafeteria Flex Plan, but he has yet to send it to the companies holding those accounts. The last payments made on either of those was in November 2005. How can we go about getting our money? In total the amount owed is close $4000. We are alos trying to just cash out our 401k to pay off some bills, but he is giving us the run around about doing so. Is there anyway to make him file the papers so us, and the other 3 employees he's doing this to, can get our money?
1 Answer from Attorneys
Re: Wages and benefits not paid
If the company had any assets remaining when it went out of business, the employee wage claim are one of the priority claim. Without knowing any of the details it is hard to know whether you will get your money or not.