Attorney weighs in on former Aeroframe employees' rights - KPLC 7 News, Lake Charles, Louisiana

Attorney weighs in on former Aeroframe employees' rights

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When Aeroframe announced on Aug. 9 they would be ending their operations, employees like Gerald Rather had one major concern. 

"All of a sudden, Friday, we're all without a job and the last two weeks pay that we had," Rather said. "We didn't get anything and anything anybody had in the books is all gone."

Former Aeroframe President and CEO, Roger Porter, told KPLC he didn't know when or if those employees would be paid.

"Under both state and federal law you have an entitlement to receive your wages," said Somer Brown, an attorney at Cox Cox and Filo Camel and Wilson in Lake Charles.  

Brown specializes in personal injury, workers comp and employment law. 

"The law reads that it will be paid either at the normal time that you would receive your paycheck or 15 days whichever is earlier," said Brown. "If Friday is payday and the next Friday came around and they didn't get paid, then they're cause of action occurred at that time."

For Aeroframe and it's former employees - who were paid on a weekly basis - that time of action started Friday, Aug. 16.  

The penalties for Aeroframe could get costly. According to Louisiana state law, in addition to lawyer fees, any employer who fails to pay a final paycheck becomes liable for 90 days of wages at the employees daily rate ... or full wages from the time the employee demands pay until they are paid. 

"Because of the teeth that are involved in the last paycheck law, most employers make a point to pay those final paychecks as quickly as possible and on time," said Brown. 

But that doesn't stop some companies from obliging. Brown said if a company has no way of paying, as is suspected in Aeroframe's case, the only next option may be bankruptcy or liquidation. She adds that former employees should seek legal counsel.

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