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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5568
Experience:  Exclusively practice labor and employment law.
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I have worked for the same employer since 08/2012. Since

Customer Question

I have worked for the same employer since 08/2012. Since February 2013 until June 2016 I either did not receive a check or only received a partial payment. The owed balance at present is $97,000.00. How do I get this money? Can I get this money? What happens if the employer files chapter 11?
Submitted: 11 months ago.
Category: Employment Law
Expert:  John replied 11 months ago.

Unfortunately, Florida does not have an agency that will collect past-due wages for you; most states do have such an agency. Thus, your only recourse is to sue in civil court for the past due balance. You should be successful if you have adequately tracked your work time and have proof of the underlying rate of pay (i.e., what the employer agreed to pay you). If the employer files bankruptcy, past due wages are not considered secure claims but they do get a preference among unsecured claims. In other words, debts for which the employer has put up collateral (like buildings, vehicles, machinery) will get paid off first, then your wages, then any other debt that is not collateralized.