How would my husband file a claim for wages against his employer that claimed bankruptcy?

Cristina D: How would my husband file a claim for wages against his employer that claimed bankruptcy?
I am not sure who to call or how we would file a claim for wages. My husband was laid off due to the company claiming bankruptcy. The labor board was not much help. What’s steps do we need to take in North Carolina to get this taken care of?

Thank you so much for your help!

Answers and Views:

Answer by r b
Depending on the type of bankruptcy that the business is filing the workers might be the last people to get their money if they can money at all. The creditors and any suppliers that have money claims are usually paid first.

Answer by Lisa A
Follow up with the DOL. Employees owed wages are first in line for funds, not last.

Answer by Shane
Contact the Department of Labors wage & hour division to file a complaint at 1-866-4US-WAGE. They will also refer you to your home states department to begin the process. Bankruptcy does NOT relinquish him of his obligation to pay his employees owed wages.

Answer by michr
as noted by others the department of labor can take a wage claim,to do so just click this link:
https://www.nclabor.com/wh/fact%20sheets/wagecomplaint.htm
the problem is (as i was taught years ago)
“you can’t get blood from a turnip”

being owed wages, winning a judgment, being part of the creditor list in reorganization do you no good if the employer does not have the liquid assets available to pay you out of. no cash on hand, no pay.