What are our legal option in getting our back pay? Do we even have any?
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I spoke with the clerk for the judge on the receivership case today. (Judge Thomas Parker's office. He was appointed the case by Judge Dan Aaron Polster. The case # is 1:19-cv-145. ) The clerk told me that employees can follow the case docket and filings on the clerk of courts website (www.ohnd.uscourts.gov) to read documents, filings, etc. She said the receiver filed a document yesterday outlining that he's trying to locate funds, and should he locate any, the order in which people are paid are as follows: students, administrators, and lastly, faculty. She said she was prohibited from offering legal advice, but if employees wanted to file claims to be "on the record" of requesting payment and making it clear to the government that we were not paid, we can file claims - which I have done in AZ and PA. I asked if it would be wise to file also in Ohio where the receiver is located and basically she said it couldn't hurt, but probably wouldn't accomplish much. I asked if there was any type of time-line for any of this to be worked out and she said no. She also made it clear that the judge's office needed to remain neutral. She understood that we hadn't been paid and why that would frustrate us, but oh well. I really doubt we'll ever see a dime. But yeah, if there's ever an attorney appointed to represent us, I'm in.
You could try the workforce commission in your state.
I guarantee you the judge is well aware that people havent been paid and also that he can't do squat about it. Can't get blood from a stone. DCEH owes everyone money. They owe money to the people who would have been funding salaries too, including government entities, banks, and students. It's beyond the pale.
The department of labor representative who helped me file my claim and did two days of research into DCEH told me the faculty need representation in front of the federal judge overseeing the receivership. He also suggested we request court-appointed representation. As I am not in Ohio where the court is located. I did contact them to request this but haven't heard back from anyone. Perhaps everyone should leave a similar message.