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Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 26702
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I purchased a business in Maine in 2008. I live in California.

Customer Question

I purchased a business in Maine in 2008. I live in California. Therefore I hired a manager to run the business. He was doing the payroll and checks were deducted from corporation bank account. I had a loss in my business due to the money being stolen by employees and manager. Due to loss company ( who sold the business to me) took over the store. After that I dissolved the corporation. Now one of the employees has filed the law suit against my corporation and the other corporation ( sold the business to me) for not being paid for over time. I checked the pay roll records and found out that manager paid him over time hours at the rate of $9.00 per hour. His hours and commission do not match with the records I have. I feel like he was over paid because he submitted wrong hours and commission. I do have proof for his commission but I do not have proof for the hours( can get it from cameras). Store hours were 10.5, but he submitted 12-14 hours work per day. What should I do?
Submitted: 5 years ago.
Category: Business Law
Expert:  Roger replied 5 years ago.
<p>All you can do is rely on the records that were kept. If you're in compliance with those numbers, the former employee would have to prove he actually worked more hours, which is not very easy to do. </p><p> </p><p>Also, as a practical matter, if the company has no money and is dissolved, it really makes no difference what the former employer claims because the company has no money to pay any claim out.</p>
Roger, Attorney
Category: Business Law
Satisfied Customers: 26702
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 5 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.
if I do not repond to his cout papers which he said within 20 days, then judgement will be against me. I can prove comapny was in loss by showing tax papers. Can he sue me personally? should I file a law suit against him for being overpaid? If I do not do any thing and he can not collect from the corporation, then he willl come after my personel assessts.
If he sues me personally, then what will happen.
Customer: replied 5 years ago.
Can you answer following questions:

if I do not repond to his cout papers which he said within 20 days, then judgement will be against me. I can prove comapny was in loss by showing tax papers. Can he sue me personally? should I file a law suit against him for being overpaid? If I do not do any thing and he can not collect from the corporation, then he willl come after my personel assessts.
If he sues me personally, then what will happen.
Expert:  Roger replied 5 years ago.
<p>You definitely need to file an answer to the complaint, or have an attorney do this for you. This will give you the opportunity to prove your case with tax papers and other documentation that the employee's claims are false. </p><p> </p><p>Also, the employee would not have grounds to sue you personally - he was employed by the business, not you individually. He should not have any right to collect from you personally. If he sues you personally, you should move to dismiss the claims for lack of standing.</p><p> </p><p>You can file a counterclaim for a return of wages paid in error. </p><p> </p><p> </p>
Customer: replied 5 years ago.
Can you take my case? How much do you charge to do that?
Expert:  Roger replied 5 years ago.
The terms of service of this site don't allow us to take on clients. However, you can visit <a href="http://www.martindale.com/">www.martindale.com</a> and search for an employment law attorney where your company has been sued.

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