My employer owes me $9,000.00 in back wages, and has since died. His brothers are suppose to take over the business, and I am wondering what type of law suit I should file against the deceased owner and his business.
Asked on 4/16/15, 12:11 pm
1 Answer from Attorneys
Joseph Brien
THE PEOPLE'S ADVOCATE
If the business is not a LLC, Corp or Limited Partnership, or the deceased ran the business as his alter ego your claim may be against the deceased individually. If a probate has been opened you must file a claim against the estate.
If the business is a LLC, Corp or LP, you may have a claim only against the company baring any written guarantee of the deceased.
In any case, you have a claim for Quantum Meruit, possibly account stated,
Remember you do not always get what you deserve, it is best to reach an agreement or compromise by discussion with the beneficiaries or successors in charge of the business.
You should seek an attorney consultation to clarify your status. Knowledge is power; know your rights.
Answered on 6/15/15, 6:46 am
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