Last year, we began representing an employee of a local business in an unpaid wage case involving rather extraordinary facts — the employer had issued an astounding total of 57 paychecks to our client which the bank would not honor due to insufficient funds. We filed suit in the Circuit Court for Montgomery County seeking treble (triple) damages and attorney's fees under Maryland's Wage Payment and Collection law which requires employers to promptly pay their employee's wages or face severe penalties.
On March 31, 2011, the Court entered judgment in favor of our client and against the defendant employer for $70,000. Unfortunately, the individual defendant than proceeded to file a Chapter 7 bankruptcy seeking to avoid her obligation to our client. For the short term, the defendant's bankruptcy filing stays any effort on our part to collect the judgment entered in favor of our client; however, we anticipate challenging the defendant's ability to discharge her obligation to our client on the grounds of fraud.