Want this question answered?
If an LLC declares Chapter 11 bankruptcy the employees wages will continue to be paid as normal. However, under a Chapter 7 bankruptcy, the employees are listed as creditors, and wages are paid out with other creditors from any remaining assets, if any remain.
The back wages will not be released to the employee until the bankruptcy is discharged and the employer is notified by the court that the arrearages have been exempted from seizure.
Yes... sort of. The employees are considered creditors of the company, so getting them paid is part of the bankruptcy proceedings. The bankruptcy court will determine which debts get paid and at what percentage. The basic rules are that secured debts (mortgages, for example) get paid first, but back wages are in the second tier of priority, and each employee gets a priority amount of around $10000 (the amount changes periodically; I'm not sure what the current amount is). If they're owed more than the priority amount, then the excess gets put further back in line, and may be paid at a lower rate (or not at all).
You don't have a choice, ALL debts must be included in your bankruptcy petition. Oh, also, priority debts cant be discharged in a bankruptcy.
Unpaid employees are priority unsecured bankruptcy claims up to approximately 10,000.
There are situations where a California employer can hold an employee's wages. If the employee's wages are being garnished the employer can hold them.
Bankruptcy can actually stop wage garnishments. If you can provide proof of financial hardship, wages won't be garnished during the bankruptcy.
This money cannot be added to the employee's wages as taxable income. This money is not theirs and should be reported to the police.
variable cost
It is the wages and bonuses paid to an employee.
Yes. It is the employee's responsibilty to ensure their salary is correct.
Employee wages averaged $21.41 per hour in 2001