My employer went out of business and I haven't got my last check.?

Question

I live in Wisconsin and need to know what needs to be done about receiving my last check and how long i should wait to push the subject.She shut down the resturaunt hours after my last shift and i didn't even get a heads up...now a week after my check should've been here i'm getting worried and she won't answer my calls any help?

Answer 1

Not telling the employees that the business is closing sends its own message.  You can do a number of things, all of which may end up be spitting into the wind.

Phone the business and see if the number is disconnected or there is a forwarding number.

Send a letter to the restaurant address asking that your check be mailed to you.  Write "Address Correction Requested" prominently under your return address and, if the owner has given the post office a change of address, they will notify you what it is.  For a fee. At least you will know where the mail is going.

Your local business license may or may not be willing to give you a home address from a business license application.

If registering a fictitious business name is required--and it probably is--(Mary Smith wants to operate the "Mom's Cafe") the name will be on file at your county records office.

Keep all your paycheck stubs in case you do not get a W-2.  You can use IRS Form 4852 to substitute if your employer does not issue one.  Similarly, the first copy of Form W-2 is the input document to credit your Social Security account.  If you don't get yours, contact Social Security and ask what it will need to give you the credit you are due.  Not doing this will eventually reduce your retirement benefits that you are entitlted to.

If the business files bankruptcy, unpaid wages earned shortly before the business closed are a top priortiy.  As a practical matter, this means you will be first in line for nothing.

Answer 2

sounds like she ran for the hills, tough luck, try to track her down, good luck.

Answer 3

You can report her to the state labor department.  But if she just shut down suddenly, she's probably out of money so you might not be able to collect what she owes you.

Good luck.

Answer 4

If your employer went bankrupt, you simply join the other unsecured creditors.  You ARE near the top of the heap though that may or may not help much.

Answer 5

contact the state attorney general office in WI. tell them your story and ask for help.

get the business records from the WI secretary of state and sue the business in small claims court.

have you tried a simple phone call to ask for your money?

Answer 6

You need to go to your State Labor Board and file a complaint.

Answer 7

Be very, very sure that you keep the copy of the last paycheck you received and your bank statements where you regularly deposit the check.

If you don't get your W-2 next January, you will need the paycheck to create a substitute form for filing your taxes.  The IRS can't force the employer to pay you...so your tax benefit is that you won't pay taxes on income you didn't get.

If you do get your W-2 next January, you need to make sure it reflects what you were actually paid.  Employers who shut down often give bad numbers to their auditors and issue the W-2 for the money they should have paid you but didn't.  (If you get an inflated W-2, the IRS--with proof--will let you subtract out the amount you didn't get paid.)

Answer 8

Contact your local Wisconsin job center. http://www.wisconsinjobcenter.org/direct...

You may be a displaced worker http://www.dwd.state.wi.us/dislocatedwor...

If you can't get help there, try http://www.sugarlaw.org/workplaceconcern...