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The labor commmisioner had awarded me $90,047.00 but my

Customer Question
The labor commmisioner had...

The labor commmisioner had awarded me $90,047.00 but my employer is threatening to file bankruptcy if I don't accept $30000 offer. Should I settle for $30000?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sacramento, california

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It's a full time with small businesses

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I filled for wages claimed plus Retailiation. My wages claim is for the $90000. The Retailiation case is coming up soon but they are trying to settle both for $30000

Submitted: 4 months ago.Category: Employment Law
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Answered in 8 minutes by:
2/8/2018
Employment Lawyer: socrateaser, Lawyer replied 4 months ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,987
Experience: Retired
Verified

Hello,

If the employer is threatening bankruptcy, then you could ask for a CPA-attested financial statement. What you need to know is the equity value of the business (assets minus liabilities. That way you will know if a bankruptcy is a reasonable possibility for the employer.

If it is a possibility, then maybe counter with $45,000 (50%), and see if the employer accepts. "Bird in the hand...", if you take my meaning.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 4 months ago
How do I ask for a CPA attested financial statement?
Customer reply replied 4 months ago
you're not going to answer my question right
Employment Lawyer: socrateaser, Lawyer replied 4 months ago

Sorry for the delay. I've been in a meeting.

You just say something like, you'll agree to $45K, if the employer provides a CPA-attested financial statement showing that the business has less than $90K net equity

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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Employment Lawyer: socrateaser, Lawyer replied 4 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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