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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111526
Experience:  20+ Years of Employment Law Experience
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3 employees complaint against my co that I did not pay them

Customer Question

3 employees complaint against my co that I did not pay them minimum wages I pay them commission but that is more than minimum wages but deptt have decision $20000 for employee 30000 fine etc and gave time for 60 days to appeal what we should do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
3 employees complaint against my co that I did not pay them minimum wages I pay them commission but that is more than minimum wages but deptt have decision $20000 for employee 30000 fine etc and gave time for 60 days to appeal what we should do?
Optional Information:
State/Country relating to question: New York
What have you tried so far?: We provided all info from our end but still they put fine should we appeL directly or lawyer help is good how much minimum lawyer will charge?

Response: You may consider retaining an Attorney that handles employment issues to assist you with this appeal. As for the Attorney's fee, it would depend on your agreement with the Attorney as to the scope of his or her services. You can use the following sites to find local Attorneys who handle labor and employment issues:
http://www.lawyers.com
http://www.justia.com
If you cannot afford an Attorney and need to do this on your own, you can use the links below to get more information on appeal process and sample forms:
http://www.labor.ny.gov/iba/faqs.php#A4
http://www.labor.ny.gov/iba/documents/SamplePetition.pdf
http://www.labor.ny.gov/iba/contact-us.php
Customer: replied 1 year ago.
If we appeal how long it take them to decision approximately if we do not like their decision can we fight more?if they take judgement and we do not have any money what can they do?can they go after my house and credit report?
Expert:  Phillips Esq. replied 1 year ago.
If we appeal how long it take them to decision approximately
Response 1: Each case is different. The Board may hear your case within six months after the filing of your appeal and then make a decision thereafter.
if we do not like their decision can we fight more?
Response 2: You can appeal to the New York Supreme Court, pursuant to Article 78 of the Civil Practice Laws and Rules.
if they take judgement and we do not have any money what can they do?can they go after my house and credit report?
Response 3: Your privilege to conduct business in the state may be suspended until the judgment is satisfied. Unless you are a sole proprietorship, the state cannot go after your personal property because your company is a separate legal entity. As for credit report, the state may file report against your business.
Customer: replied 1 year ago.
As you told they cannot go against home or personal credit but I owed something to my state and they put judgement and collection on my credit report what you have to reply about this
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question, it appears your previous expert had to leave. I am a different contributor and look forward to working with you to provide you the information you are seeking for educational purposes only.
As this is a wage claim, under NY Business Code 630, I am sorry to say that the top shareholders, directors, officers of the business may be held personally liable for the wages and penalties and this is why they have placed the lien and have put it on your credit report.
So, what I would suggest is you immediately get an attorney, you cannot fight a wage claim without an attorney and you need to present proof that based on the total hours these employees worked, the pay was in excess of minimum wage and overtime.

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