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My boss owes me !!!! Missouri

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  • My boss owes me !!!! Missouri

    Ok actually my husband is the one who hasn't got paid. He used to work for a new company that stopped paying him because they were not making money. Every payday he was promised that they were going to pay him next week. He stayed with this company for 6 months without getting paid (I know it was stupid!!). He was laid off in February 2010 and we are still waiting for the money. He has tried to contact his boss and he does not answer. He already filled out a complain with the department of labor here in MO. What's the next step? This company owes him more than $10,000... Is there anything else we can do? We need some help!!!

  • #2
    $10K is a lot of money. I would talk to a local attorney. I know what the possible recourse methods are, but these tend to be very state specific and your state is not my state. I have no way of knowing which of the 4 possible recovery methods would be best in your circumstances. And to anticipate your next question, the 4 methods are:
    - Wage claim with federal DOL. Problem is that the feds tend to only be interested in minimum wage and overtime claims.
    - Wage claim with state DOL. Assuming your state has a DOL. Most states do, but some do not. And not all states are interested in all types of claims. Assuming your state has a DOL, if you check their website you can probably figure out what types of claims are allowed, and what the dollar limit is.
    - Small claims court is a possibility, in some states the only real possibility, but there tends to be an upper dollar limit on the claim. And I have no idea what your state's limit is, but $10K still sounds very high.
    - Which leaves general court actions, which require an attorney.

    Past that, if the company is making no money, you could end up in a situation where you have a judgement but no obvious way to collect on the judgement. Which brings you back to an attorney again. IMO, it is easier to just pay for an hours worth of local attorney's time NOW and talk to someone who is expert in your state's laws.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thank you so much for you help! My husband already tried to talk to a lawyer but he hasn't had any luck. I don't know what to do, we are waiting and waiting and nothing. As far as I know they (the company) still owe money to other (ex) employees... I'm going to tell my husband to look at all these things you just told me. Thank you again!!

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      • #4
        http://www.labor.mo.gov/DLS/General/owed.asp

        Your husband might again want to try talking to/getting an attorney.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Thank you for BETTY3 for your help! I need to talk to my husband about this...

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          • #6
            Assuming that this company still has assets and has many unpaid employees, do not wait for anything. Get an attorney and get legal action started immediately - tomorrow! Your husband needs to at least get himself established as one of the first in line and hopefully collect before a possible bankruptcy. Most labor attorneys will take a case like this on contingency unless they feel there will be no assets to collect from.
            Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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            • #7
              Agreed. And the key phrase is "labor attorney". Not all attorneys are labor attorneys. And the worst possible action you can take is to do nothing. If you do nothing else, file a wage claim with MO. I am not saying that this is the best action. I am still saying that the best action involves talking to a local labor law attorney NOW. But I will say that filing a wage claim will at least be a good faith effort to put one's foot in the door should this go to bankruptcy. It does not cost money. But I also have no idea if MO supports a claim that large, or for the exact compensation of the wage claim in question. Yet one more reason to talk to a local labor law attorney ASAP.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Per OP's first post a wage claim/complaint has already been filed with the Mo. DOL. However, the OP might want to read my link re how wage claims are handled in Mo.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment

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