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OT Lawyers-Need an opinion

Posted on 12/27/19 at 7:37 pm
Posted by bayouself74
Red Stick
Member since Aug 2016
72 posts
Posted on 12/27/19 at 7:37 pm
Wife’s (no pics) employer has not paid employees for the last two pay periods and was late on the two prior to that. Employer also has deducted for 401k insurance premiums (health, dental, & Aflac) for the last 5-6 checks but not made the contributions to the plans. On top of that the employer hasn’t paid payroll taxes since July. Should we go ahead and get a lawyer involved? Contact the DOL? IRS? Any real chance she gets paid and reimbursed for benefits that were deducted and not provided. It’s aggravating that the guy is taking advantage of people. I think he is going to ride this out and just file bankruptcy.
Posted by Glistening Member
Gramercy
Member since Nov 2007
744 posts
Posted on 12/27/19 at 7:38 pm to
Walk ons is probably the place to go for a former Sammy's waitress.
Posted by Costanza
Member since May 2011
3275 posts
Posted on 12/27/19 at 7:39 pm to
I sure as shite wouldn’t be going into work Monday morning if I hadn’t been paid the last two pay periods.
Posted by Anonymous95
Member since Sep 2014
2101 posts
Posted on 12/27/19 at 7:39 pm to
Does she work for NOLA SWB?
Posted by tLSU
Member since Oct 2007
8691 posts
Posted on 12/27/19 at 7:40 pm to
Louisiana wage act has some pretty tight timelines for making the demand. Call an attorney.

Tlsulsulsu@gmail.com if you need some recs.
This post was edited on 12/27/19 at 7:43 pm
Posted by Freight Joker
Member since Aug 2019
4132 posts
Posted on 12/27/19 at 7:41 pm to
I’d just ride it out. I’m sure everything is just hunky dory. Nothing to be alarmed about.
Posted by Jim Rockford
Member since May 2011
106080 posts
Posted on 12/27/19 at 7:41 pm to
1 go to talk to employer about it.

2 slip and fall

3 call Dudley DeBosier. They're the official injury lawyers of LSU Sports.
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
25160 posts
Posted on 12/27/19 at 7:50 pm to
Not paying his 941 (Payroll taxes) will get him in the hottest of waters.

I would tell your wife to approach him for a partial settlement and gtfo. That ship is sunk and they don’t know it yet.
Posted by jcaz
Laffy
Member since Aug 2014
19459 posts
Posted on 12/27/19 at 7:51 pm to
Step 1- Don’t go to said job anymore
Step 2- Find a new job
Step 3- Contact state regulatory agency and lawyer
Step 4- Profit???
Posted by holmesbr
Baton Rouge, La.
Member since Feb 2012
4196 posts
Posted on 12/27/19 at 7:58 pm to
The fact they held the benefit money but didn't pay the plan is crappy but I don't think it's illegal per se. If they pay the plan it just covers everything retro active. I worked at a place that did that and I finally got my own insurance just to be sure I was covered. Can't help on the other.
Posted by Rammin TX
DFW Texas
Member since Oct 2018
1736 posts
Posted on 12/27/19 at 8:05 pm to
This happened to me. Company filed Chapter 7.

Had to threaten a lawsuit on the capital partners that invested in the business. Best thing to do is issue demand letters for the 401K contributions over due and make sure the any of the capital investors are aware.

Beware: I am not a lawyer or giving legal advice
Posted by Unknown_Poster
Member since Jun 2013
5758 posts
Posted on 12/27/19 at 8:16 pm to
Depends how much money we're talking about. If it is at least a few thousand then, yes, time to get a lawyer. Have him draft a formal demand letter on behalf of your wife requesting the wages owed. If no response within a reasonable time, sue. Ideally you want to push the guy into a quick settlement -- get at least some money now before the inevitable bankruptcy and your wife is in line with the other employees.

Either way, I'd tell your wife to quit and get another job. She will still be legally owed the money she earned and wasn't paid.
This post was edited on 12/27/19 at 8:20 pm
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