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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116252
Experience:  20+ Years of Employment Law Experience
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I signed a separation agreement with my firm. Both the firm

Customer Question

I signed a separation agreement with my firm. Both the firm and I are in CT. The firm is an LLC. The firm closed down but did not dissolve or declare bankruptcy even though it owed several vendors. It also is/was receiving periodic payment streams from an earlier sale of certain assets. The separation agreement stipulated that I would receive 1/2 my severance pay in August (which I received) and the remaining 1/2 in November "or as funds become available." Funds recently became available from the above-mentioned asset sale; however, the owner of the company sent an email saying that he was choosing to pay a vendor instead of the remaining severance payment to employees, so that the vendor would not sue the firm. Do I have any recourse?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have a right to sue the LLC and you need to inform the owner that he is in breach of the contract and that you will have no choice but to now sue as funds have become available. If he still refuses, you would have to file suit in court against him and the LLC. You can seek to pursue him personally if you can show he has taken any assets from the LLC (see CT Statute 34-214).
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