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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4975
Experience:  Extensive experience representing employees and management
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Worked for Orchard Supply Hardware for almost 20 years. Resigned

Customer Question

Worked for Orchard Supply Hardware for almost 20 years. Resigned as I am moving to Houston Texas. Had lots of annual leave accrued. Orchard Supply says they can't pay it out and that I will have to file a claim against them in Bankruptcy Court as a Section 2 claimant. Is this is only way to get the money they owe me and what are my options?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Can you tell me has Orchard Supply Hardware already filed for bankruptcy, or are they just planning on filing for bankruptcy?
Customer: replied 1 year ago.

Orchard Supply (OSH) has filed for Bankruptcy. I think it is re-org, as Lowe's has made a bid. OSH said the last day for me to file a claim is 8/16/13.

Expert:  Joseph replied 1 year ago.
Hello Gerrie,

Since they've filed for bankruptcy, you wouldn't be able to sue them in court or file a wage claim (or at least collect on it), so your only option to get the money that is accrued for your annual leave.

If the bankruptcy hasn't gone through yet, then you can and should still file for a wage claim against your employer, since then you will be a priority creditor.

You can do so using the information available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Joseph, Lawyer
Satisfied Customers: 4975
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Gerrie,

Hello ,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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