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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am an employer. I have a Delaware LLC that is not registered

Resolved Question:

I am an employer. I have a Delaware LLC that is not registered in CA. I had a resident of CA on payroll for 6 months. I received a notice from the Labor Commisser - State of California office that I am to appear for a hearing to defend her claim for wages and vactaion on May 18th totalling $20,000. The LLC is not doing well and we are closing it as of May 11th. My question is, what will happen to her claim and if the company is indeed closed, can she hold the partners of the LLC liable?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

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

If the company is closed, then most likely, the partners of the LLC would not be held liable, since in order for the partners to be liable, the 'corporate veil' would need to be pierced, meaning that the LLC was just a cover for the partners.

However, it would unfortuantely work against you that the LLC is not registered in California.
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