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I worked as a chiropractor chiropractor in a pain clinic. I

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I worked as a chiropractor...
I worked as a chiropractor for another chiropractor in a pain clinic. I have worked 2
Months and I am owed 6000. What is my best course of action
Submitted: 1 year ago.Category: Business Law
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6/21/2016
Business Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 119,584
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Whether you are an employee or an independent contractor, if they are not paying you for what they owe you, they would have to be sued in court for the money they owe you. In NY, unfortunately, the limit for small claims court is $5000, so you would have to sue in the Supreme Court Civil Division. You would sue for breach of contract, even if it was an oral contract, if you were an independent contractor and all you can sue for in that case is your actual damages directly related to their breach of contract. If you were an employee, then you could sue under the wage laws and seek up to triple damages plus attorney's fees for a failure to pay wage claim.
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Customer reply replied 1 year ago
I was supposed to receive a W2. To date have not received. Texts and email between us make it pretty clear with this problem should I go to small claim court and lose 1000
Business Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
If you were an employee, then you can sue for the triple damages plus attorney's fees for willful refusal to pay wages and in that case you can get a local attorney to sue in Supreme Court Civil Division. If you go to small claims you would lose $1000, yes.
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Customer reply replied 1 year ago
I am certain these 2 chiropractors have formed a corporation does this change anything regarding suing in small claims or supreme court What if the corporation is new and has no money
Business Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
It does not change the situation, you have to sue in Supreme Court if you want all your money up to triple damages for intentional non-payment of wages. If they are corporation, you have to name the corporation in the suit. If the corporation does not have the money, you can get a lien from the court against their receivables to seize them to satisfy any judgment.
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Customer reply replied 1 year ago
Can I still collect my $6000 If so how since I assume he is not personally liable Would this still be true if I took him to small claims court forfeited $1000 and sued for $5000 If a go to supreme court I assume I would need lawyer how expensive would that be ? If I win the corporation as no money how do I get my money. What if they close down the corporation are they still liable
Customer reply replied 1 year ago
I am going to the office today to pick up my patient files I checked with HIPPA laws It is ok if I was the treating doctor Now they will have no billing information for chiropractic What is your opinion? So maybe when they realize this I will be paid?
Business Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
Yes, it would all be the same whether you file in small claims or supreme court, with of course the exception of the small claims court limitations. Again, if you read what I said above, on a wage claim, for willful failure to pay wages, attorney's fees are recoverable as part of your damages.
Also, as I said above, for as long as the corporation is open, even if they have no money, you can get the court to order your right to seize the account payments from patients or other assets of the practice to satisfy your judgment. If they file bankruptcy, no different than if they file personal bankruptcy, you could get nothing.
Even though you take the files, they likely already have the billing information and also they are entitled to keep copies of the files.
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Customer reply replied 1 year ago
If they dissolve the corporation? How do I get my money? they have not billed in several weeks They do not have copies of my records when the biller comes see takes billing info patient by patient as I am working.
Business Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
They CANNOT simply dissolve and not pay creditors, if they want to dissolve and do not pay all creditors then they become personally liable for the debts of the corporation and they can be named personally in the suit.
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