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IF not paid, is company insolvent

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  • 02-02-2010 5:53pm
    #1
    yop
    Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭


    Guys
    Quick Q please,

    If your boss can't pay your full salary, gave us 1/2 and can't give us any time in future when we will receive the rest of Jan salary never mind Feb.

    Does that we can make him insolvent.

    This happened last year and we went 9 months getting drip paid, eventually got paid a wad to repay the rest, then few months of getting paid good, now back to sq one.

    What you think?


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    #2
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    yop wrote: »
    Guys
    Quick Q please,

    If your boss can't pay your full salary, gave us 1/2 and can't give us any time in future when we will receive the rest of Jan salary never mind Feb.

    Does that we can make him insolvent.

    This happened last year and we went 9 months getting drip paid, eventually got paid a wad to repay the rest, then few months of getting paid good, now back to sq one.

    What you think?

    Are you working for a company? You have to serve the company a 21 day letter of demand. If you are not paid after that you can petition the High Court to wind up the company. If your boss is an individual you have to either sue in the courts for the money or go the a Rights Commissioner. If eventually you are not paid, you can try and bankrupt him.


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    #3
    yop
    Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    Kosseegan wrote: »
    Are you working for a company? You have to serve the company a 21 day letter of demand. If you are not paid after that you can petition the High Court to wind up the company. If your boss is an individual you have to either sue in the courts for the money or go the a Rights Commissioner. If eventually you are not paid, you can try and bankrupt him.

    Aye, working for a company alright. Didn't know about that letter demand so thanks for the update


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    #4
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Woooow.

    It is a bad sign alright. I take it you are sure he doesnt have it?

    If he doesnt have it, then you would be putting yourself out of a job by bankrupting him. Can you see that the company is in difficulty?

    I think you will have to consider this carefully. Obviously you cannot work for nothing but if the place goes down, you could end up with nothing.

    Its hard to say what to do. Have you tried a face to face discussion to air your concerns? If this is down to cash flow issues, but the future looks ok, then I would grin and bear it. If you can see yourself that the company is banjaxed and with nothing on the horizon, then, do what you think.

    BUT FIRST talk to him.


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    #5
    yop
    Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    Talked to death, problem is the guy just wont heed our advice re strategy, only a small company of 5 people but due to be paid last Friday and they headed off to UK for a week Wed previous, emailed us on Friday to say no euros to pay us, "tough quarter ahead" etc etc.
    Personally I think we are in trouble but been there 3 years would leave me in a position for redundancy.

    It has gone to the stage where we think that he is up to something, possibly a UK move, and the guy doesnt offer any apology for it.

    Its a frustrating situation tbh.


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    #6
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    yop wrote: »
    Talked to death, problem is the guy just wont heed our advice re strategy, only a small company of 5 people but due to be paid last Friday and they headed off to UK for a week Wed previous, emailed us on Friday to say no euros to pay us, "tough quarter ahead" etc etc.
    Personally I think we are in trouble but been there 3 years would leave me in a position for redundancy.

    It has gone to the stage where we think that he is up to something, possibly a UK move, and the guy doesnt offer any apology for it.

    Its a frustrating situation tbh.

    I don't think you have a choice. If he fecked off to the UK and emailed the bad news, I believe the writing is on the wall.

    Personal opinion: Put in a complaint of non payment of wages, hopefully there is enough left to pay you.


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    #7
    yop
    Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    superscouse wrote: »
    I don't think you have a choice. If he fecked off to the UK and emailed the bad news, I believe the writing is on the wall.

    Personal opinion: Put in a complaint of non payment of wages, hopefully there is enough left to pay you.

    Well he is back here tomorrow so that will be fun. But as USUAL he will not even mention it until we do!
    Problem is been there before with him. We got sorted in the end but its tiring now to have to go through this again.

    If it folded I would get 3 years redundancy which would be no harm.


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    #8
    ShatterProof
    Registered Users Posts: 1,742 ✭✭✭ShatterProof


    yop wrote: »
    ...If it folded I would get 3 years redundancy which would be no harm.

    Sounds like all you would get is 3 years statutory redundancy


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