Previous employer owes me a mth's pay but i think she has changed her business name will it make a difference?
I have filed a claim with the Labour Board but since I am self employeed with her they might not accept it. I will have to sue her. would it matter if she changed her business name with the Labour Board or the court? The actions done by her have put me in alot of debt as she put a stop pymt on my chq and the next two she gave me came back NSF. Does anyone know any Ontario Laws about this? Thanks in advance!
Answers:
As the business owner, she is a personal guarantor for all its debts. While she can file bankruptcy on her creditors, she can't do that with employee wages. As an independent contractor, you are not an employee, but a creditor. If she files bk for the old business, you should be notified as a creditor, otherwise, what she owes you won't be discharged.
Depends on the type of business it was, her reason for changing the business name, whether this change is just a name change or she filed for closure of the previous business and started a new one... if you are unfamiliar with business licensing and incorporation laws of your province, you should consult with a lawyer. In the USA it is a crime to knowingly and purposely write a bad check, for which she can go to jail. If she goes to jail in Canada, this will strengthen your case against her as the government is already declaring her guilty of wrong doing.
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