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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Worked for Orchard Supply Hardware for almost 20 years. Resigned

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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?
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 4 years 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.

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:
Joseph and other California Employment Law Specialists are ready to help you
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.

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