I am a federal employee who must work without being paid on time during the shutdown. I was barely making it pay check to pay check (my fault), but this shutdown may put me in a position where I need to file bankruptcy. Other than the class action suit already filed, can the government be held liable due to their negligence of not passing a budget or continuing resolution, or for simply not paying me in a timely manner?
There will never be a class action suit against the Government for this. It is truly unfortunate that the Divider in Chief has pushed you into bankruptcy, but sadly you won't be alone. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced VA bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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I am sorry to hear of your situation. You certainly have an understandable cause for your predicament and any default. It is unfortunate when employees are expected to continue to work without pay, or are laid off without cause.
Many consumers are surprised to learn that bankruptcy is not usually fault dependent. While conscientious consumers are concerned about how they ended up in bankruptcy, it usually makes very little difference on the outcome of your immediate case, other than your future prospects for avoiding it again. For the most part, fault does not matter, unless you engage in fraud or wrongful prepetition transactions, such as trying to transfer assets out of the reach of your creditors.
By all means, consult with an experienced bankruptcy lawyer in your area and discuss your options and the best way forward.
The foregoing is intended to be general legal information concerning Virginia law based on the scenario as written and not legal advice to anyone in particular. The information provided should not be relied on as legal advice or as an appropriate basis for any legal action, and it's provision does not establish an attorney-client relationship with the reader. Information shared or provided on a public forum is obviously not confidential or private. Every situation is unique and you should always immediately consult with a Virginia attorney to discuss all your options in light of your particular circumstances before acting.
As we always say, "Anybody can sue anybody." (And they do!) You may want to consult with an employment lawyer regarding what looks like a violation of labor laws to me. On the other hand, you may have signed a contract on this issue when coming on board to work in the system. They have already been found "negligent" by all of us, and they just haven't been punished appropriately, have they? Unfortunately, "they" really is "we", as it is we who elected "them". File bankruptcy because it is your legal right. It's a part of the system. We really care, because we are all in this together.
This answer does not create an attorney-client relationship, but is meant to be general in nature. We always advise that you speak in person with an experienced attorney who understands this area of the law.
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