Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 6 months ago

Restaurant closed&Did not get paid?

I was working at this restaurant for several weeks. One day I magically showed up to work, and they were closed due to a ''family emergency'. 'Come to find out they are closed for good. By the time I found out(by another co-worker) I did not receive my last check. I text my boss earlier this week and she said she will be back Thursday, I text her today and got nothing. Also before you close any business you have to give some type of tax form for employees she does not have my mailing address or any type of information to report us, only social security and checks i do not even know how much was taken for taxes #). Is it kinda weird why my boss will not say anything or not pay us before she closed?Should I wait until the end of the month( already past 2 weeks) or should I report my boss to the department of labor in GA? I do not want this to come back and bite me later from the IRS.If she does report me for money I did not even receive

9 Answers

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  • 6 months ago

    You NEED to file a wage claim with the Department of Labor while there is still something for them to take to satisfy such claims. Wages are legally FIRST in line for claims against assets of the business, but that is meaningless if there are not assets.

  • 6 months ago

    "Also before you close any business you have to give some type of tax form for employees" - False

  • 6 months ago

    Contact the Georgia Department of Labor. They can help.

    https://dol.georgia.gov/

  • 6 months ago

    You should report this late or missing payment

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  • 6 months ago

    Report it. You may be advised to file a claim with the bankruptcy court. Btw, there is jo law that requires all employers to give notice before shutting down.

  • 6 months ago

    Yes report it.....

  • 6 months ago

    Text her and let her know your address. Tell her (by text and written letter - if you know her name you can find her address on-line) that you expect to receive your paycheck by a certain date or you will file a lawsuit. Then, if you don't get it, file a small claims suit. (Which will cost between $60-$100 - but include that amount in the suit.) Then make sure to have your ducks in row before your court date. Write down the dates and hours you worked without pay. Have some previous paycheck stubs that show your typical hours/pay. Try to get a co-worker to write a signed statement that you were employed there and worked on those dates.

    If you have co-workers who had the same thing happen, maybe go together to hire a lawyer to file a lawsuit as a group - which will carry more weight.

    One thing - figure out if the place was owned by a person or by a corporation or LLC. If was owned by a corporation/LLC then you have to sue the organization. If you sue a person who technically does not own the business it will be dropped.

    The faster you take action the better the odds of getting your money.

  • 6 months ago

    One day you 'magically showed up for work'?? What does that mean?

    You and your co-workers should speak with a local employment attorney about your rights. Do it now.

    • STEVEN F
      Lv 7
      6 months agoReport

      An attorney is the LAST resort and generally useless.

  • blank
    Lv 5
    6 months ago

    Guess you have to do what you have to do to protect your financial future. Report if need be.

    Honestly I'm trying to get my mind around "One day I magically showed up for work...."

    Was the a *poof* and cloud of smoke? Was your attendance so rare in the past that everyone else would assume you arrived via a trap door in the kitchen? Were you still in your apartment, but showed at work through an astral projection?

    Man the possibilities are endless. =_)

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