Guskd

I don't disagree that an employment lawywer may be needed at some point, but my suggestion really is that one starts with a bankruptcy lawyer. At this stage, the question of what exmployees are owed (e.g., whether they are entitled unpaid PTO) and whether their claims are entitled to priority is a question of federal bankruptcy law. The federal bankruptcy statute provides a priority claim for wages and severance, but does not define either wages or severence. While state law generally controls rights of parties even after a bankruptcy filing, I'm not so sure that the Bankruptcy Courts haven't construed the statute broadly such that the definitions of wages and severance reach beyond more limited state-law definitions. While the answer may be that federal bankruptcy law defers to state law to determine if something is a wage, I wouldn't concede that point at this time.

Whoa there everyone. Before you go ahead and start filing lawsuits, you should know that Midway's filing of a chapter 11 case imposes an automatic stay of all attempts to collect a debt that arose before their bankruptcy petition. In non-lawyer speak, you can't file a suit against Midway at this time regardless of the status of state law.

The positive news, if there is any, is that you likely have a priority claim against midway for the unpaid wages. The United States Bankruptcy Code provides that a party has a priority claim of up to $10,950 for earned by unpaid wages, severance, and sick leave. Based on the brief facts presented, it seems like the PTO could be wages or, at least arguably, severance (depending on how Midway presented it). I would counsel employees to pay attention to the case and to file claims (the form will allow you to select priority status and why you have priority) for unpaid wages prior to the "bar date." There may still be a fight about the entitlement to payment of PTO, but that fight will be in bankruptcy court. You should consult a bankruptcy lawyer with any queations regarding filling out the claim form, once it is released.

Ben "Yahtzee" Croshaw. I can see the review now . . .

Ok, I'll play, I have working, non-bricked:
1 original NES, with ROB, who still works although not with my tv;
1 top loading NES (the nintendo one, not a knock off;
1 Super Nintendo;
1 N64;
2 Gamecubes (a blue from launch day and a pokemon XD bundle edition);
2 Wiis;
1 Original Gameboy (white/grey),
1 Game Boy Pocket (blue),
2 Game Boy Colors (clear and the limited pokemon edition, which is half yellow and half blue),
1 Game Boy Advance,
3 Game Boy SPs (blue, the limited NES edition and the Pickachu edition);
2 Game Boy Micros (a silver with black face and a 20th anniversary)
1 DS phat,
3 DS Lites (white, black, and navy blue).

My Fiancee also has a pink DS Lite.