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N Cal Attorney
N Cal Attorney, Lawyer
Category: Employment Law
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Experience:  Since 1983
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My employer hasnt paid me for 3 weeks and wont lay me off

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My employer hasn't paid me for 3 weeks and wont lay me off so i can collect unemployment. It looks like they will file for bankruptcy. Can they legally keep me as an employee without laying me off and is it possible to collect unemployment if i leave without getting a penalty? Is it possible to collect the money they owe me if they do file chapter 7?
What State is this in?
Customer: replied 8 years ago.
South Carolina
http://www.stateovertimelaw.us/SouthCarolina.html states
There are no State minimum wage and overtime laws in South Carolina. Federal regulations apply concerning labor laws.

http://www.dol.gov/dol/topic/wages/overtimepay.htm states
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days.

http://www.llr.state.sc.us/Labor/wages/pdf/wcl-3.pdf is the form for filing a wage complaint.

http://www.llr.state.sc.us/Labor/wages/pdf/payment.pdf states
§41-10-40. (A) Every employer in the State shall pay all wages due in lawful
United States money or by negotiable warrant or check bearing even date with
the payday.
(B) An employer may deposit all wages due to the employee’s credit at a
financial institution which is doing business in the State and is insured by an
agency of the federal government. When an employee’s wages are paid by
deposit at a financial institution, he must be furnished a statement of earnings
and withholdings. Any wage deposit plan adopted by an employer shall entitle
each employee to at least one withdrawal for each deposit, free of any service
charge.
(C) An employer shall not withhold or divert any portion of an employee’s
wages unless the employer is required or permitted to do so by state or federal
law or the employer has given written notification to the employee of the amount
and terms of the deductions as required by subsection (A) of §41-10-30.
(D) Every employer in the State shall pay all wages due at the time and place
designated as required by subsection (A) of §41-10-30.


http://lawyers.findlaw.com/lawyer/firm/Employment-Law----Employee/Greenville/South-Carolina is a directory of labor lawyers in your area.

It is illegal for them to not pay you as scheduled, but you need to have a local attorney go over the facts of your case.

I hope this information is helpful.
Customer: replied 8 years ago.
Thats very helpful but i would like to know if there is a time frame on which they can stay in buisness without paying employees before they have to file bankruptcy or does legal action have to be taken before so?
It would be better to file your claim before they file bankruptcy. If they do file bankruptcy, claims for wages are given a very high priority ahead of other creditors, but you need to discuss this with a local attorney. I can only answer questions, I cannot give you legal advice or act as your attorney.

It sounds like they may try to string you along as long as they can, and it sounds like they do not plan to pay. I would consult a local attorney immediately.
N Cal Attorney and 2 other Employment Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank You.
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