Avalon/final check

[medic653]

Tomorrow is the big day!

[Squid]

why not go to Labor Board? Here is CA they got power to award up to 30 days extra wages and they do all the leg work.

Most Small Claims don't award any penalty for anything, cost money to file, etc.

[medic653]

I did go to the labor board and the AG and we can get an adtional 15 days under statute, which we requested. Dan Seman was a no show for court yesterday!

[Curtis Baillie]

Then he defaulted.....right?

[Minneapolis Security]

I have tried to locate your case and can't find it. Do you have case number?

[Minneapolis Security]

Also, since your original post, Avalon Fortress Security Corporation has shut down.
https://dps.mn.gov/entity/pdb/board-...ly-30-2012.pdf

They have been re-licensed as Avalon Fortress Ltd.

340
Avalon Fortress, Ltd.
Daniel J. Seman, Qualified Representative
12527 Central Ave NE #911
Minneapolis MN 55434
612- 845-1444

That probably explains the "no show". You will probably not get paid.

Names Daniel Seman has operated under:
Winslow Security - never licensed
Chase Security
Avalon Security
Avalon Fortress Security Corporation
Avalon Fortress Ltd.

These are the five names I know of, there may have been a few more variations in there.

The pattern is to run up debt, not pay employees, default on loans, get sued, file bankruptcy, and reopen under a new name.

[Squid]

good luck collecting.

I won a similar judgement +30days wages.

Never found the guy since.

At least you enter the judgement so it will pop up on any background check on the guy.

[SecTrainer]

The pattern is to run up debt, not pay employees, default on loans, get sued, file bankruptcy, and reopen under a new name.

Section 507 of the Federal Bankruptcy Code says that persons owed “wages, salaries, or commissions, including vacation, severance, and sick leave pay earned by an individual have an allowed unsecured claim but only for wages, salaries, or commissions earned within the earlier of 180 days before the bankruptcy filing or the cessation of the debtor’s business, and only to the extent of $ 10,950 for each individual or corporation.”

In other words, just like back taxes aren't relieved by bankruptcy, the bankruptcy will not relieve a company from paying back wages that were earned within 6 months of the bankruptcy filing, up to about $11,000 per person.

This is an "unsecured claim", meaning that any back wage would be paid from the sale of company assets only after any "secured claims" have been paid (e.g., if the company has a bank loan that was secured by corporate assets, that claim would be paid first).

What this means is that there probably won't be anything to pay back wages from this company's assets, BUT this claim can be enforced going forward as a lien against his future assets. It might even be possible to penetrate the "corporate shield" if it can be shown that incorporation was done in order to shield personal assets while perpetrating a fraud - and his history would be strong evidence of that, I think. If so, your lien could attach to just about anything he owns, business or otherwise. (Bernie Madoff, for instance, was incorporated, but the government and his creditors grabbed everything right down to his monogrammed skivvies.)

Seek legal advice - and before you see the lawyer it will help if you've documented as much of this slimeball's history as you can find in the public records. The lawyer would naturally verify anything (and undoubtedly uncover more), but it would help to convince him that this is a guy worth going after if you have something at the first meeting.

[Squid]

If 'security' is "regulated" anything like construction, these guys will be reappearing in various minor variations of their names and ripping off both customers and employees for years to come.

How they keep the reps from catching up to them is beyond me, but in construction I've seen guys operate and get new clients who KNEW they had totally revoked lic, because the customer thought they were getting a deal because the guy cut corners and employees illegals who he then didn't pay.


Then you got your typical even 1/2 legit, 1/2 honest operator who spends much, if not most, of his time fretting about complying with every silly regulation.