Monies owed

Thank you in advance for any help and direction that you can offer. I was employeed for 9 years with a firm in NY and was not paid in a timely manner. I currrently am no longer with the firm and am working elsewhere. In short, I am owed in net pay over thirty-thousand dollars. I have also contributed towards a 401k plan with deductions from my w-2 checks but those funds have never been deposited into my 401k account. The amounts for the 401k span back to 2006. The grand total on the 401k (my contribution and employer match) is over thirty-five thousand dollars ($35,000.00). I approached my employer many times but I kept being understanding of his situation and I feared if I pressed I would not have a job at all. How can I go about getting all that is owed plus all interest, losses of gains, and related fees in the quickest timeframe? How long of a process would it be? Is he looking at jail time? If I take legal action can I recover my legal fees in the lawsuit? If he files banckruptcy, am I out of luck on all my monies? Advice and direction would be greatly appreciated.

Thank You

D.J.

1 answer  |  asked Sep 24, 2008 7:07 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
You Need to Sue

There is no quick way to resolve your situation. You have to sue. That can easily take four years or more, but, again, your former employer might settle as soon as he gets the summons and complaint.

You'd have to sue under several different laws that address different things. Specifically, the 401K money needs to be addressed under different laws than the unpaid wages.

Fortunately, the laws you'd be using provide for attorney's fees. That is, if you win, your former employer gets to pay your attorney's fees. You should be able to get interest. Under the New York State Law governing the payment of wages, you should also be able to get liquidated damages equal to 25 percent of unpaid wages.

Before bringing a lawsuit, I would screen you for other violations, notably whether you might be owed overtime.

posted by David M. Lira  |  Sep 25, 2008 10:50 AM [EST]

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