> ...another industry faces the same problem: startups. The opportunity to create
the next big thing has “long lured ambitious entrepreneurs into shiny
co-working spaces and startup accelerators” in Silicon Valley, but the
reality is that most startups fail.15 These failures can be crushing for
all those involved.16 Not only does the death of a startup mean the loss
of a job and the death of a dream, it also means a lack of funds to
compensate employees for work they have already put in.17 Although
the practice of withholding wages is illegal, it is a rather common
problem when startup founders “put off paying employees as they wait
out their next round of funding.”18 If the funding falls through, there
is often no money left to pay employees the wages they have already
earned.
> That is what happened to plaintiff Brett Voris (“Voris”) in Voris
v. Lampert.
...which is the same case I linked above. So the whole issue is how long wages can be delayed. If you're arguing that "Convoy management is unlikely to be personally liable assuming they didn't delay any wage payments whatsoever and their wage payment intervals are found to be reasonable by the court", then I agree. But it's rather common for some of these conditions to not hold, so the potential for piercing the veil is very real.
(Perhaps you are arguing against other people who think that unpaid wages are always considered theft, in which case I would agree with you. I was respondsing to the comment "you cant prosecute a dead entity for theft"; often you can, and it depends on the details, which I presume are not yet public for Convoy.)
> If you're arguing that "Convoy management is unlikely to be personally liable assuming they didn't delay any wage payments whatsoever and their wage payment intervals are found to be reasonable by the court", then I agree.
This is exactly what I am auguring. Convoy isnt even delaying any wage payments. They are not paying severance or providing transition healthcare/COBRA.
It seems like Voris v. Lampert case had a much longer delay, and the court still decided against the the plaintiff.
I did learn that there is more case law on piercing the vale for wage than I realized, but everything I read still suggests that a legitimate bankruptcy without serious/illegal executive misconduct will not lead to piercing of the veil.
> That is what happened to plaintiff Brett Voris (“Voris”) in Voris v. Lampert.
https://www.gmsr.com/wp-content/uploads/2021/07/Kuang-Too-Ma...
...which is the same case I linked above. So the whole issue is how long wages can be delayed. If you're arguing that "Convoy management is unlikely to be personally liable assuming they didn't delay any wage payments whatsoever and their wage payment intervals are found to be reasonable by the court", then I agree. But it's rather common for some of these conditions to not hold, so the potential for piercing the veil is very real.
(Perhaps you are arguing against other people who think that unpaid wages are always considered theft, in which case I would agree with you. I was respondsing to the comment "you cant prosecute a dead entity for theft"; often you can, and it depends on the details, which I presume are not yet public for Convoy.)