Re-jected! Any Wage Claim Rejections?

While yours truly, Heller Drone, has not yet received word about his wage claim, I am wondering if readers and followers could supply info on the following:

– have you had any of your claims rejected outright? and if so, what reason was given?

– if you’ve received a hearing date notice, how long did it take to receive the notice? any other details such as what you’ve been told to bring to the hearing, is it in person/by phone, etc?

– if you haven’t received any acknowledgment from the agency or agencies, how long has it been since you filed a claim?

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8 Responses to “Re-jected! Any Wage Claim Rejections?”


  1. 1 Former Associate 13 November 2008 at 7:02 pm

    Mailed my wage claim approx. 10 days ago; received notice of conference in today’s mail. Conference is set for mid-December. Attendance is voluntary, with the goal being to encourage settlement. If we don’t settle, next step is an actual hearing, which can lead to a judgment. I only included vacation and waiting time penalties because others had cautioned against including WARN severance. The conference is in-person at the Dept of Labor’s office.

  2. 2 Former Heller Assoc 14 November 2008 at 1:29 pm

    Just spoke with the SF labor office. My conference is for January 8, and I was told that if there is a hearing (and I expect there will be as I doubt HEWM will agree to pay me on January 8), the hearing will be in June 2009 (approximately).

    I think that HEWM will have filed for bankruptcy by then after paying off the f**king banks, and we’ll be left to deal with the Bankruptcy courts.

    Has anyone found any case law or statutes saying that the firm and/or banks are acting illegally right now by not paying us? It just doesn’t seem right to me (morally or legally) that the banks should be paid before employees. I wonder if those payments to the banks can be stopped, or undone at a later time.

  3. 3 Former Heller Assoc 14 November 2008 at 1:43 pm

    Also, I DID include WARN act wages in my claim.

  4. 4 Realist 15 November 2008 at 12:06 am

    FHA, secured banks do come before all unsecured claims, including employee claims whether based on statute or contract. And the same will be true in any bankruptcy proceeding. Nor will it be possible to undo the payments made to the banks. At least, that is what I see.

  5. 5 Former Associate 15 November 2008 at 10:20 am

    In BK, aren’t employee claims ahead of banks, but capped at a certain amount (like $10,000), with the remainder being unsecured claims?

  6. 6 Sad in San Diego 15 November 2008 at 8:22 pm

    I filed my wage and vacation claim on Oct. 20 in San Diego. I received my conference notice, set for December 19, on Nov. 13. I know of at least one other SD Hellerite whose conference is set for the same day and time, so I’m guessing that this conference is more like a motion cattle call.

    Also, after visiting a number of offices, trying to file my Warn claim, I finally called the Department of Labor, Employment and Training Administration in Washington. My call was actually returned (!) by a very nice woman who regretfully explained to me that there is no place to file claims for money due under the Warn Act outside of the federal district court.

  7. 7 Former Associate 15 November 2008 at 11:32 pm

    Sad in San Diego: I’m also in SD and got a 12/19 Conference date.

  8. 8 Realist 17 November 2008 at 4:10 am

    Former Associate: That’s a common misconception. Priority claims come ahead of other general unsecured claims, but behind secured claims — here, the banks.

    Among unsecured claims, employee wage-related claims have a priority over other unsecured creditors up to a little over $10,000 (inflation adjusted annually, in the spring). Claim amounts over that limit share equally with other unsecured claims.


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