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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11033
Experience:  Significant experience in all areas of employment law.
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Customer Question

4 years ago I filed a claim with the labor board for unpaid wages. When notified for a court date, I was in hospital. I contact labor board to inform them of this I was told case was dismissed for No Show by both parties. The same week I received notice in the mail from a bankrupt attorney informing me that the employer has filed bankrupt and legally there was no action I could pursue against said employer at this time.
Since then employer has opened a new restaurant but under his daughters name. Is there anything I can do to get the money owed to me.
Wages + Overtime + Tips/Commissions = Over $4.000.00 plus interest I am told
I have all documents to back my claim, Bounced payroll checks, Time card, Receipt of service with gratuity amount assigned to me, Authorized Payroll sheet with the owed amounts for the pay period in questioned. All documents are the originals.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

Unfortunately, if your former employer filed for bankruptcy, your sole remedy would have been to attach yourself to the bankruptcy proceeding as a creditor and obtain your compensation from his liquidated assets. Since the bankruptcy has already concluded, an individual in your circumstance would typically have no remedy, as bankruptcy would have discharged your employer's outstanding debts, including debt amounts for wages owed.

Additionally, it is worthy of mention that the statute of limitations for unpaid wages based on a written contract is four years (only two years if the contract was verbal), and so if four years have already passed, it would appear that your claim may be barred on this basis alone.

Most importantly, though if the bankruptcy proceeding has already concluded, an individual in your circumstance would have no recourse regardless of the statute of limitations on the claim.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

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