When Company Fails to Pay Employees After Bankruptcy
When Company Fails to Pay Employees After Bankruptcy
When a company files for bankruptcy, it is often difficult and stressful for all involved, including the employees. In some cases, the company may not have the funds available to pay their employees their last paycheck or any severance package that may have been agreed upon.
Labor Laws
This can lead to legal consequences for the company, as failing to pay employees their earned wages is illegal in most cases. In the United States, the Fair Labor Standards Act (FLSA) requires that employers pay their employees at least the minimum wage for all hours worked and any overtime hours at a rate of at least one and a half times the regular rate of pay.
Additionally, the FLSA and state labor laws require that employees be paid all earned wages, including any unused vacation or sick time, at the time of termination. If a company fails to do so, it may be penalized and fined.
Rights of an Employee
Employees who have not been paid their earned wages may also have the right to file a claim with the bankruptcy court to recover their unpaid wages. In some cases, the court may order the company to pay the employees their unpaid wages from any available assets.
Employees must understand their rights and options if their employer files for bankruptcy and fails to pay them their last paycheck or any severance package. Seeking the advice of an experienced bankruptcy attorney can help employees ensure that they receive the wages and benefits to which they are entitled.
Bankruptcy Attorney Free Consultation
If you are looking for a legal advice about bankruptcy or in need an attorney, call this law firm for free consultation. We have the Best Attorneys in Utah.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
https://www.ascentlawfirm.comDisclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.