To make a long story short, a day care that I worked at closed last Monday (09/9/13), and she has stated to all employees that she was going to be unable to give us our last check. She has told everyone I worked with something different on why she can not pay us, she refuses to answer text/email about paying us (smart on her move). We are at a standstill and want our last paycheck, on top of that she closed unexpectedly and did not give us a heads up to even look for another job. We have contacted the Department of Labor, basically since she closed we have to get a lawyer. Is there another option other than small claims court? How does it normally go for cases like this (if anyone has any experience.).

The Dept of Labor is SUPPOSED to handle this! Call them back and insist. You don't have to get a lawyer. Get everyone together to work on it as a group. Oh - and go straight to the unemployment office too. UI isn't retroactive to before you apply.

We have gotten together as a group, and we're going to file a complaint individually ( but make sure we all word it similar ). One of the girls called the national number and they told her that since she went out of business that there is not much we can do other than small claims court. I just thought there would be another way around it, I am going to start calling them back until I get better answers-and hopefully won't have to take any further action. It would just suck having to take it to court, and if we HAVE to get a lawyer-pay them with our paychecks we did not receive. Though with small claims, I don't think an attorney is really necessary-though I know she has one.

I actually got lucky and got a job the day after she closed, so unemployment wouldn't be necessary unless they can help us with this situation.

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Originally Posted by UnknownUser11

We have gotten together as a group, and we're going to file a complaint individually ( but make sure we all word it similar ). One of the girls called the national number and they told her that since she went out of business that there is not much we can do other than small claims court. I just thought there would be another way around it, I am going to start calling them back until I get better answers-
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National number? Is this somewhere other than the U.S.

Gettting a department of labor or similar agency to take action, or filing a small claims action are the only two possible remedies that come to mind.

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Originally Posted by UnknownUser11

... It would just suck having to take it to court, and if we HAVE to get a lawyer-pay them with our paychecks we did not receive. Though with small claims, I don't think an attorney is really necessary-though I know she has one.
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The whole idea of small claims court is so that you don't need a lawyer.
Was she doing business as a LLC or corporation? If so, she is probably insulated from liability.

If the business has really failed, however, small claims isn't going to do you any good. As the saying goes, "You can't get blood out of a turnup." You can get a small claims judgment but probably won't be able to collect it.

However if she has an attorney who is actually willing to represent her, there may be money there after all.

Any question on law needs to include your general locale as laws vary by area.

But what the person at the Dept of Labor is telling you is that once the business is closed, their hands are tied. They can't fine the business or threaten to shut it down if its already closed. They can only do something if the business continues to operate.

So yes your recourse is small claims court. And paychecks for a couple of weeks would seem to fit under the limits. As noted the purpose of small claims court is so a lawyer isn't necessary.

But frankly, I don't know if I would bother. The likelihood is the business was closed because it had no money. So even if you win a suit, collecting on it will be another matter.