QUESTION

I worked as an agent for a Co. in Gary, IN. They have let me go but will not pay the wages that I earned while working for them. What are my rights?

Asked on Aug 26th, 2011 on Employment Contracts - Tennessee
More details to this question:
This is a freight brokering co. We had 12 loads from MY shipper. The loads were picked up and delivered successfully by different carriers we had found together. They have paid all of the Carriers (I called the carriers myself to check). They have changed or disconnected thier phones and will not respond to my e-mail or calls. I cannot contact them to collect my payment. Split was 60% for myself and 40 percent to them for my shippers and vice versa for thiers. Balance owed to me is $2,312.00 includes payment for thier internet truckstop account in the amount of $395.00. thier cut is $1,278.00 Can they actually keep the money that I worked for. What are my rights? I am in Memphis, TN area.
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1 ANSWER

Bankruptcy Attorney serving Tullahoma, TN at Labar Law PLLC
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Unfortunately, from the information that you provided, you rights to any pay will most likely need to be determined pursuant to Indiana law.  Most states have an office which will allow you to file a complaint against the company for failure to pay your wages.  Though, if the company has gone out of business, this may be of small comfort.  If the company has in fact gone out of business, you would still have a claim against the company which could be filed with the court or in the company's bankruptcy (if such a proceeding has been filed).  This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.
Answered on Apr 23rd, 2012 at 1:07 PM

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