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Unpaid wages - being made redundant

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  • 18-08-2010 8:30pm
    #1
    rustybean
    Closed Accounts Posts: 4 ✭


    I've been told that I may be let go shortly as our company is in financial trouble. I am owed expenses (for which I have receipts), some unpaid wages from early 2009 and have yet to be paid for last month or this month. The total is in the region of 6,500k so I'm assuming that the boss is thinking that adding another months wages on top of that will be making repayments impossible so the easiest thing is to let me go. My concern is that I'll never see the money - he hasn't managed to give me any contribution towards the expenses and they're ongoing for quite some time. Can anybody advise......if he decides to let me go, is he obliged to bring me up to date with payments beforehand? Or if he lets me go without payment and the business folds soon afterwards, can I insist on getting what I'm owed or is it seen as a bad debt? I'd like to know my entitlements before the conversation happens so would appreciate any advice.


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    #2
    peasant
    Registered Users Posts: 17,819 ✭✭✭✭peasant


    He can not legally fire you while owing you money, he could however still try and gamble that you won't contest it (because you can't afford to).

    The company could also go into liquidation and while employees usually come near the top of the list of creditors, depending on how much cash is left and who is owed what (outstanding taxes have to be paid first, for example) you still might not see anything.

    These are worst case scenarios ...but as he's already told you that you might have to leave ...make your stand and demand all that's due to you.

    Depending on how long you've worked there, you should also be due some redundancy money.

    The citizens advice bureau would be a good and pretty urgent port of call to provide you with (written) information to back up your arguments.


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    #3
    twogunkid
    Registered Users Posts: 79 ✭✭twogunkid


    if you are fired--made redundant --Fill out the online form and submit to Labour court, but it takes 12 months and they will not get your expenses,
    It will cost you nothing


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    #4
    rustybean
    Closed Accounts Posts: 4 ✭rustybean


    Thanks to both of you for replies. You're right Peasant, if it gets into a legal mess I couldn't afford it. I noticed another post with a similar issue where the reply stated that expenses are treated differently to unpaid wages so thanks twogunkid for confirming.

    I'm working with him over three years so would be due to get some redundancy. He hasn't said he's not going to pay me, he claims I will get whats owed but he can't put a date or time on it - which is worth nothing really. Do you say he's definitely not allowed to let me go until I'm up to date with payments? I don't want to be too arrogant about it but it would be good to have that much information if he tells me that 'he'll pay me when he can'. A little information can be dangerous in cases like these so I won't say anything until I'm sure of where I stand.

    Do the same rules apply if he folds the business with me still employed? This could easily happen if he has to pay me in full first.

    Thanks again!


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    #5
    Empire o de Sun
    Registered Users Posts: 369 ✭✭Empire o de Sun


    Go to Citizens Information, they are pretty good.

    Make sure you get your RP50 before you leave. Keep records of everything now, phone calls, emails etc.


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    #6
    rustybean
    Closed Accounts Posts: 4 ✭rustybean


    Following on from my initial post, I was made redundant in October, I had done some research and thanks to your replies I knew what needed to be in order before I left. The RP50 form was completed but I only found out recently that it still hadn't been sent in so I've sent a T1A form in on the advice of the DETI. Some of my wages were paid before year end but there's still approx 4k outstanding there too (I am awaiting a hearing date with LRC for this)

    My question is, if the company goes into liquidation, am I still entitled to what I'm owed or does it depend on the company's assets? I know there are no assets (premises rented and hire purchase vehicles) and I'm sure there are a lot more creditors on the waiting list. I've heard my employer is working somewhere else and is in the process of folding the company. Also, will this affect the hearing with the Rights Commissioner if the company no longer exists by the time the date comes around? Has anybody got any ideas of where I stand?
    thank you


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