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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If a employee serves the owner of the company with a letter

Customer Question

If a employee serves the owner of the company with a letter of demand on the write wages on state and fedral consruction jobs. and will file in civil court if not answered in ten days.if the company files for bankruptcy now is the employee,out of luck in weather it be in civil court or off the letter of demand in recovering and of the money owed to him by the company.or can the employee still be able to go after the money not paid to him but was to be under prevailing wage laws.or is the employee no longer able to persue collections from employer
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
The employee is in a difficult position but the position is not insurmountable. Technically the employee is a potential creditor of the employer, especially if the employee may be owed wages. As such the employee can still pursue a judgment, and likewise file with the appointed trustee a formal notice stating that a debt is owed. Typically a wage obligation has seniority to other types of debts, but it is still up to the trustee to figure out which debts to pay and in what order. Even a 'future' judgment, if a judgment is obtained, has value, so it can be recorded before a judgment is listed with the trustee. But again, there is no guarantee that the employee will get any money, but the debt, being valid, can still be recorded and arguably pursued.
Dimitry, Esq.