Do I sue the LLC or the owner as it appears on the State's website after LLC owner failed to pay employee wages? 1 Answers as of May 19, 2014An employer I worked for went out of business April 1st. Payroll was conducted monthly on the 1st of the month for the month worked prior. I am owed the month of March in salary wages and they have denied to pay me or make mention of when. The company has continued to operate in April with just a few employees, has started to liquidate assets, and continue to ignore my calls and request for my monies owed. I have looked up the LLC via the Secretary of State's website to confirm the owner. After receiving a call from a state investigator about the DOL claim I filed April 3rd, he urged I now seek a small claim as neither the LLC nor the owner has filed bankruptcy. I have sent a formal demand letter on 5/13, in preparation for a small claim, via certified mail to his residence. He has replied via email that I am wrong, I cannot pursue him for my wages and I'm misinterpreting the information on the Secretary of State's website. I have contacted lawyers in my area specializing in labor law via e-mail and voicemails over a month ago and I have not been successful at attaining guidance, free or not.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
How do you expect free help or pay a lawyer to collect a months wages? It would cost more than it is worth to do that.you can file your own small claim in the Judge Judy (small claims) court for about a hundred. You must sue them in the county where they are located and you must sue the legal owner of the business. If the LLC employed you, you sue the LLC you don't sue an individual who might own some or all the shares, you sue the legal owner/employer.
Answer Applies to: North Carolina