So I've got this situation. I worked for a Franchise of Instant Tax Service. The Franchise that I worked for didn't do well. I got paid for the first 1.5 weeks out of 1.5 months. This was back in Janurary. The franchise went out of business in mid-february.

The company leaves payment up to the Franchise, and tells me they don't have obligation to pay. The Franchise, or managers of the franchise, have apparently gotten themselves into deep Crap, one losing his home, and others losing other various assets, as a result. They don't have the money to pay me, and they're trying to get a $120,000 loan to pay for expenses, employees, etc. When I talk to them and ask them to break it down for me, "When will I be paid." Their answer is always "we don't know," and "When we get the loan." I'm not the only employee who hasn't been paid. Probably more than 50% of them haven't been paid, but I only have phone #'s for a few of them, so I'm not sure the exact #. I can verify at least 2 employees that haven't been paid. One of the managers told me "I was hired just like you and I haven't been paid yet."

I'm about ready to take it to small claims court, but I'm waiting on the corporate office Human Resources guy to talk to one of his superiors about the matter and get back to me tommorrow.

I've made it clear both to management and Human resources that I'm very close to taking the matter to small claims court.

Any suggestions/legal advice on what I should do?

They're obligated to pay you for the work you've done, but if there isn't any money, there's no money. Getting a court ruling in your favor is great, but again, if there isn't any money, they can't pay you.

It will remind them that they need to find a way to pay him. Or be threatened with further losses. Like of their freedom.

I'm unclear about something. You're talking about Instant Tax Service and not the franchise you worked for, correct? If so, I don't see how they would have any obligation in the matter.

The Franchise that I worked for was a Franchise of the Company Instant Tax Service.

You can't be imprisoned for debt there, bucko.

As your attorney, I advise you to take a hit out of my little brown bottle in my shaving kit.

Sounds like big trouble. You're going to need plenty of legal advice before this thing is over. As your attorney, I advise you to rent a very fast car with no top. And you'll need the cocaine. Tape recorder for special music. Acapulco shirts. Get the hell out of L.A. for at least 48 hours. Blows my weekend.

I thought if you won a suit in court and the defendant couldn't afford to pay, the state would pay and the defendant would owe the state.

Or am I trippin'?

You are.

I'm proficient with breaking the law.

then pass it to me..

however.. this company has to pay you it's the law. I'm pretty sure.

fear and quoting in las vegas?

Franchise companies provide branding and support services (such as a national phone service) for franchise licensees. The company you work/worked for is not Instant Tax Service. They are under no obligation to pay you anything and you will lose your lawsuit.

The best you could do is bring it up with corporate, in which case all corporate would be able to do is pressure the owners into paying you or losing their franchise. Which probably won't mean anything to a business that's gone kaput anyway.

Good luck.