Checking In: Accrued Vacation

Your cruise director has received quite a few emails this past week concerning accrued vacation and whether anyone has received a check for any or all of it.  I for one who counted on that money as a nice cushion during these hard times has received nothing – nada – zilch – so far.

Anyone else?  Let us know via the comments.

 

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21 Responses to “Checking In: Accrued Vacation”


  1. 1 Former Associate 8 November 2008 at 8:54 pm

    Nothing yet. Supposedly collections are going well and “they” hope to have the banks paid off by year’s end. Who knows if there will be anything left after that to pay the rest of us.

    Anyone have any good legal theories on how to go after the partners individually if the firm ends up not having money? Clearly, if the firm is ultimately unable to pay staff and associates and was borrowing money to pay partners their draws during the months leading up to the dissolution, then the partners should not have been receiving draws during that timeframe. But how do we get through the national LLP and the state corporations to get at those who profited at our expense? Do individuals have standing, or do we need to push the entity into bankruptcy and have the trustee do it on behalf of the entity?

    Just some food for thought. Let’s keep these comments coming — it gets a bit isolating not seeing the people we’re used to seeing every day for years, and these comments help soothe that a bit.

  2. 2 Hurtin' 8 November 2008 at 10:48 pm

    Former Associate – I’m totally with you. Us employees have to stick together. Nobody is telling us when (or if) we’ll get our money so we just sit around thinking someone is looking out for us.
    Who can tell us what legal options we have to secure what is owed to us?

  3. 3 Former Associate 007 8 November 2008 at 11:01 pm

    I heard a similar rumor: collections are going well, bank may be paid off by end of year, which means the shareholders will have control of any remaining funds, if any. Who knows if/how it may be distributed…

  4. 4 Nemesis Enforcer 9 November 2008 at 12:04 am

    Hurtin’

    Your plight is your own. There are several posts on this site and others as to what your options are to secure your money. Sitting, hoping, thinking, praying, and any other sedentary verb is going to net you nothing. If the share holders wanted to pay you, guess what? They have OTHER funds other than A/R to pay you. They don’t want to pay. You have to take action and make your fate.

    Some have filed a class action. If you’re the lazy type and don’t care about paying lawyers’ fees, join it. If you want to get the state working for you, file a wage claim.

    Many options for all kinds of people. No options for the praying type.

  5. 5 Realist 9 November 2008 at 12:23 am

    If the banks are paid out, accrued vacation and other amounts owing to staff, associates, will be paid prior to any distributions to partners.

    You can file a DLSE claim; info on that is here:

    http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

    Individuals do have standing to file your own lawsuit for what you are owed. Neither a bankruptcy case nor a class action is necessary for that. Unless you can interest an attorney in doing it on a contingency fee (unlikely, IMHO), though, it gets expensive. In such an action, you can see partners individually if you want. But I have no view (insufficient knowledge) on whether that would be legally viable. People have confidently told me ‘you can’ and ‘you can’t’ hold the partners individually liable.

    Some who went through the Brobeck dissolution have a very sour view, based quite legitimately on how the Brobeck ‘leadership’ tried to manipulate the dissolution. (A messy bankruptcy case followed, in which the landlords got the best result.) I don’t see that happening here, but no one can make that judgment accurately for you — in either direction.

  6. 6 GottaHaveFriends 9 November 2008 at 6:08 pm

    Most of the people I know have filed an individual wage claim with the Labor Board for the accrued vacation due them from Heller. Also, just as a side note, I have two friend unrelated to Heller and unrelated to each other, who have filed similar claims in the past and they both have said it was a breeze to get the monies due them, plus penalties. And, that it was done in just a few short months.

  7. 7 Former Associate 9 November 2008 at 11:11 pm

    Anyone have access to the Callaw article about the day that Heller died? It appears tomorrow, but as usual, posts online at 7 p.m. the day before.

  8. 8 Observer 9 November 2008 at 11:29 pm

    Here is a link to the Callaw/Recorder article appearing tomorrow:

    http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202425894567

    Don’t know if this will require a login for you to access.

  9. 9 Observer 9 November 2008 at 11:43 pm

    Much more insightful is this one, Why Heller Didn’t Survive:

    http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202425894093

  10. 10 DC Bound 10 November 2008 at 6:52 am

    Has anyone filed a claim yet in DC? If so, do you mind sharing a link or an explanation as to what the process is?

  11. 11 ex-HELLerite 10 November 2008 at 12:33 pm

    I believe in DC a wage claim is filed through the department of labor. I am in the process of getting a copy of the firm’s policy on accured vacation pay out. The woman I spoke informed me that having the policy is critical, because it is the policy that they force the firm to pay. Once I get the policy, I will forward.

  12. 12 Former Associate 007 10 November 2008 at 4:11 pm

    Has anyone received COBRA info from the firm or from PayFlex?

  13. 13 Former Employee 11 November 2008 at 8:33 am

    I have the same question concerning COBRA. Our benefits are retroactive to Nov. 1 but I am concerned about not receiving a COBRA packet from PayFlex. Has anyone received any info?

  14. 14 SickAndTired 11 November 2008 at 11:32 am

    I received my COBRA packet yesterday.

    The price is more than I think I can cover given my current situation.

    It makes me sick every time that I think about their legal obligation to pay us through the end of November.

  15. 15 dob 12 November 2008 at 10:29 am

    anyone that filed a wage claim in San Francisco, did the office accept it? I’m curious what language you used so that the office didn’t reject it.

  16. 16 Realist 12 November 2008 at 8:50 pm

    dob, did you have a claim rejected? If so, did they tell you what their issue with it was?

  17. 17 anon2 12 November 2008 at 9:25 pm

    No COBRA packet yet – and it’s almost the 15th of the month. WTF would I want to go through that hassle only to have COBRA terminate in 15 more days – Nov. 30. I’m going to purchase Kaiser on my own. They have several options and are really helpful in explaining everything to you. Screw Heller and Cobra.

  18. 18 Mr. Jones 13 November 2008 at 1:23 pm

    I hope you get it, anon2 – I got turned down for individual coverage. Their excuse basically boiled down to “you’ve used medical services in the past, so you probably will in the future, and we don’t want you.”

    The insurance broker said that if one rejects you, they all will, so my only good option is to “get a job.” Gosh, I never thought of that!

  19. 19 anon2 13 November 2008 at 4:53 pm

    Mr. Jones, are you implying that I’m not trying “to get a job”? Way to add insult to injury. The market is saturated with job seekers and not enough jobs to go around, moron.

  20. 20 To Heller And Back 13 November 2008 at 6:01 pm

    anon2, you have a chip on your shoulder. Mr. Jones was referring to his insurance broker’s advice.

    Moreover, there ARE enough jobs to go around, but you’ll never be considered for one with your current attitude.

  21. 21 anon2 13 November 2008 at 8:16 pm

    To Heller and Back, I certainly would not want to work with an arrogant person like you. Some of us are selective for a reason.


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