Minnesota  |  Employment Law

Legal Question

Asked on: 10/26/13, 6:41 pm

I left my seven-year career with my previous employer to explore a new opportunity. I work in the Restaurant industry. A couple started a LLC and purchased a franchise. They wanted me to be the General Manager. They told me when to have my last day at work, and my first day at the new job would be September 23rd. I took the job. Two weeks later I had to plea with them to get my first paycheck. I explained to them that I need it. They agreed to pay me on a weekly basis. I am a salaried employee at $55K. Well, I am now 4 weeks without a paycheck, and she gives an excuse every time she can't pay me. One week, she had a concussion. This week it was because someone else cashed my check and she was dealing with the FBI. She said she prefers texting as the method of communication. I've got her to promise a payment on 3 or 4 different dates and things keep coming up that she "can't" pay me. I've had to remove money from my IRA to survive on. I was planning on quitting, then calling the MN Department of Labor and Industry to file a wage claim. I'm guessing it will not be paid. They didn't "officially" put me on payroll because of costs. They haven't paid unemployment insurance, but I feel like I have no other option then to quit at this point. Would this be considered a "constructive discharge"? I do want to file unemployment. And I was planning to do Conciliation Court in Minnesota, would that be a good plan? Or would I be better off doing a Civil Suit and hiring an Attorney? I'm due $4230, and if they don't pay the wage claim within 15 days, that can go up to $7403. If I do take this to court, I was also thinking of having them pay the fees /taxes I had to bite when I took my IRA withdrawals of $1500. I have been applying for other employment. Thank you so much for any advice you can give :)

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