worker sues store for under paid?

My sister has store and she has an employee who worked for her  for nine months, then she cough him stealing and fired him. Now, he sues my sister and the corporation  for underpaid salary, He is asking $57,000,  my question can she dissolve the LLC, to avoid this claim against my sister personally? 

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  • 1 month ago

    Does he have some sort of proof that he worked those overtime hours and weekends? Courts aren't stupid and can recognize when a disgruntled former employee is trying to cause trouble, so it's not a foregone conclusion that she is going to lose (provided he really is just making this up).

    Dissolving the LLC will not make matters better, and could make things worse for her.

  • Anonymous
    1 month ago

    If she dissolves the LLC she is personally responsible for damages.

    Of course, it appears she's also been sued individually.

    An LLC does NOT protect an employer when employee salaries/benefits are in question.  Your sister is personally responsible IF she is found guilty.  There will also be fines and penalties.

  • 1 month ago

    Dissolving the LLC will expose her MORE, not less.  He has no claim, unless of course she was actually underpaying him.  

  • Anonymous
    1 month ago

    Did your sister underpay them?  If not then she has nothing to worry about.  If she did then even if she dissolved her LLC she wouldn't get out of this.

    Unless she has a separate contract with him she is only required to pay per the legal minimum wage laws.  Even if this person worked almost 24/hrs a day I don't think it would equate to 57,000 in just 9 months.  

    Perhaps you should tell your sister to find an attorney instead of asking a bunch of anonymous people on the Internet if she is truly worried about this.

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  • 1 month ago

    He claimed that he worked overtimes, weekends and holidays and paid the minimum wages. 

  • 1 month ago

    No she can’t 

    But what is the basis for the $57k underpayment claim 

    That seems excessive 

    Edit:

    Ok.. so did the guy work overtime and weekends 

    Is he salaried or hourly 

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