Legal Question in Employment Law in New York

My employer has not paid me in 4.5 weeks because of lack of funds. If my employer files for Bankruptcy what are the rights of the unpaid employees?

Asked on 11/28/12, 10:00 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC
0 users found helpful
0 attorneys agreed

Unpaid employees of bankrupt employers are Schedule E creditors, meaning that they have higher priority than do the credit cards, but lower priority than do purchase-money creditors (such as mortgage holders).

If your employer goes belly-up, the employees might want to get together and chip in on hiring your own bankruptcy attorney to protect your rights. Talk to the attorney about whether s/he can represent the bunch of you or whether each person should hire an attorney.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

Read more
Answered on 12/03/12, 6:48 pm

Related Questions & Answers

More Labor and Employment Law questions and answers in New York

Looking for something else?

Get Free Legal Advice

88393 active attorneys ready to answer your legal questions today.

Labor and Employment Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Scott RiddleLaw Office of Scott B. Riddle, LLCAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now