Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

How long after chapter 11 filing can I sue employer New York

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • How long after chapter 11 filing can I sue employer New York

    Software/ tech company I worked for filed a chapter 11 bancruptcy a little less than a year ago and sold assets to stalking horse bidder about 6 months ago.

    Employment contracts were null and Void but I was to be paid residual income from accounts I brought in based on monthly profits from these accts for 7 years and I was told that residual income on ongoing profits is seperate from salary and general commission.

    New company verbally ageed to continue paying residuals so I didn't file an initial claim then stopped paying after 3 months. Bankrupt co profited by being able to sell asset that I brought to them, and new co continues to benefit from my work.

    They filed in Delaware.

    Can I still sue old company about 10 months after chapter 11 filing or did I need to put a claim on their assets right away??

  • #2
    I believe you need to talk to an attorney.

    Refer to this thread for additional info posted by OP. --
    http://www.laborlawtalk.com/showthread.php?t=276325.
    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


    • #3
      So you want to sue the old company for what the new company won't pay you? That seems ridiculous to me. How could the old company force the new company to pay you?

      Comment


      • #4
        I think you needed to file a relief from stay with the bankruptcy court, or at least a stay. All debts and contracts were voided in the bankruptcy. Unless the new company gave you a written contract stating that you would continue to be paid the residuals, then you're SOL. Your residuals were part of the bankruptcy asset, and could have had an effect on what they new company paid for the assets. BUT you should check this with an attorney, it's been a while since I've been involved with any bankruptcy work.
        I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

        Comment


        • #5
          Originally posted by HRinMA View Post
          So you want to sue the old company for what the new company won't pay you? That seems ridiculous to me. How could the old company force the new company to pay you?

          I think it is FOOLISH AND RUDE to respond to something that you either didn't read or did not comprehend as rediculous and to behave so condescendingly to someone genuinely in need of insight on a forum meant to help people get info and gain clarity on their situation.
          I am trying to ascertain whether I have recourse against either company and I can't imagine why someone reading my posts would imagine that adds up to my suing any company to force another company to pay.


          That said, I am so grateful for all the people who have the ability to comprehend my questions and have taken time out of your day to respond. THANK YOU
          >It is my understanding that residual income may be different from general employment compensation and may be governed by different laws. I certainly may be mistaken.

          All of the patient, generous and thoughtful input I have recieved has helped me to decide to find a NY lawyer and with her/his help I will sort out my options and put a plan of action together. I will go forward with those as I am further advised.
          Last edited by cbg; 07-21-2010, 08:53 AM.

          Comment


          • #6
            Originally posted by duped View Post
            Can I still sue old company about 10 months after chapter 11 filing or did I need to put a claim on their assets right away??
            Originally posted by duped View Post



            I am trying to ascertain whether I have recourse against either company and I can't imagine why someone reading my posts would imagine that adds up to my suing any company to force another company to pay.


            All of the patient, generous and thoughtful input I have recieved has helped me to decide to find a NY lawyer and with her/his help I will sort out my options and put a plan of action together. I will go forward with those as I am further advised.
            I read all your posts. You state you want to sue your old company but it is your new company who didn't pay you. So why would you sue your old company when it is the new company who didn't pay you?

            I agree, based on your other post, that you need a lawyer.

            Comment


            • #7
              Originally posted by duped View Post
              All of the patient, generous and thoughtful input I have recieved has helped me to decide to find a NY lawyer and with her/his help I will sort out my options and put a plan of action together. I will go forward with those as I am further advised.
              Agree, a lawyer is your best bet & then go from there -- I believe we all agree on that.
              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


              • #8
                Originally posted by HRinMA View Post
                I read all your posts. You state you want to sue your old company but it is your new company who didn't pay you. So why would you sue your old company when it is the new company who didn't pay you?
                Originally, I was planning to put in a claim against the old company last year for residual income which I think I am owed, because it was clearly being used by old company to access assets, and represents an ongoing profit.

                Because the new company continued to pay residuals as part of business as usual I believed their verbal promise(very foolish on my part) to continue paying me on old comp plan. I thought their continued payment of my residuals implied they were acting in good faith (again not very sensible on my part).

                For this reason I did not put in a claim for my residuals with the old company (as I understood I could not be paid by both.

                Now I am being paid by neither. I am upset, feeling used, am considerably poorer and trying to figure out who I should be collecting from. I believe I should collect from new company as they are continuing to benefit from my previous work, but want to cover my bases if it is actually the old company who would be responsible.

                Hope this clarifies my situation. Thanks for taking the troulbe to check in again for clarification.
                Last edited by cbg; 07-21-2010, 10:40 AM.

                Comment

                The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                Working...
                X