laid off with no pay

[rhonred66]

My employer located in Indiana is having financial difficulties.

38 co-workers were laid off on Friday. Around 35-40 people remain.

We were supposed to be paid on Thursday. We were told that the company missed the ADP deadline for payment and that we would receive paper checks on Friday.

We were let go but no given our paycheck for the prior two week period ending the previous Friday. At layoff date we were owed 3 weeks pay in addition to any pto days not used. The employer was also not depositing our portion of the 401k funds withheld from paycheck into our 401k account.

During the second meeting with the remaining employees, they were told that they were going to get paid before we would get paid.

What can we do? What if they file bankruptcy?

 

[cbg]

You need to file claims for unpaid wages with the state for the unpaid wages and potentially vacation time. If you can do so quickly you might want to quickly talk to an employment attorney but you want to get your claim in fast before they file bankrupcy.

The 401k issue is very serious and employers go to jail for that. IMMEDIATELY contact the US DOL and make that report.

 

[rhonred66]

Where do I report the paid wages? DOL?

 

[cbg]

Yes, sorry, I thought I'd said that. See that I didn't. My fault. :blush

You'll probably do better with the wage issue at the state DOL than you will the Federal - the Federal DOL will only support you up to the Federal mimimum wage level and will not help you with the unpaid vacation at all. However, the state DOL cannot help you with the 401k issue. So to maximize your options call the state DOL for the wages and vacation; the Federal DOL for the 401k issue.