But when they fail to do so, it is often the employee that ends up in a bind.
Cordell & Cordell Albany litigation manager Chad Jerome was quoted in the Albany Times-Union regarding the seemingly no-win situation of Loubert Legros.
Mr. Legros is the former executive chef at now-closed Carmine’s Restaurant in Albany and alleges that he lost eight months of court-ordered child support payments that were deducted from his paycheck but pocketed by owner Carmine Sprio.
Mr. Legros shared documents showing that more than $6,800 was deducted from his pay while at Carmine’s, but only two payments totaling just over $300 were submitted.
Rather than pursuing action against Mr. Sprio, the court is holding Mr. Legros responsible for the missed payments.
Since the county declined to pursue the case, it appears Mr. Legros is left with very few options. He told the Times-Union his only option of recourse might be to file a civil claim against Sprio. However, even that is a no-win situation, according to Mr. Jerome.
“He has a remedy but no real remedy,” Mr. Jerome said.
Mr. Jerome added that the law does allow a person to sue their employer for the lost child support payments, but that could leave them without a job. On the other hand, a court could rule in the employee’s favor, but obtaining the money for the missed payments is not a sure thing if the employer doesn’t have it.
That again leaves the employee responsible for making up the missed child support payments.
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