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LawTalk
LawTalk, Attorney
Category: Business Law
Satisfied Customers: 35738
Experience:  I have 25 years experience in the practice of law.
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I did have a construction company 3 years ago one of my

Customer Question

I did have a construction company 3 years ago one of my employees is suiting me for the overtime that he didn't get pay back in those days but I close my company 3 years ago and now I am working for a company and they say that they're going to come after my asses can they do that ??
Submitted: 3 months ago.
Category: Business Law
Expert:  LawTalk replied 3 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under Federal law as well as IL law the employee had only 2 years after you failed to pay overtime in which to sue you, unless you deliberately did not pay overtime, and then they must sue you no later than 3 years after you were obligated to pay the overtime. So if these employees worked for you more than 3 years ago, then they cannot now--more than 3 years later---sue you for unpaid overtime.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 3 months ago.
Even when I close the company can they come after my asses
Expert:  LawTalk replied 3 months ago.

Hi,

You closing the business does not eliminate the debt that you owe. If they are within 3 years, then they can sue you for unpaid wages.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 3 months ago.
They can suit the company right but not me if the companie closed who's going to pay them
Expert:  LawTalk replied 3 months ago.

They can sue you personally, eve if you had a corporation and properly closed it. You are personally responsible for the debts of your company if you closed it without ensuring that all the debts were paid.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 3 months ago.

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 3 months ago.

Hi,

Is there anything else I can assist you with today?

Doug

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