Earline's Employees: Restaurant Closed and We Haven't Been Paid

Employees at one Upstate restaurant say their paychecks have been bouncing for months. They've been trying to get answers but the restaurant closed it's doors overnight.

By: Dianne Derby | News Channel 7
Published: July 21, 2009

The crowd outside Earline's Fine Upstate Cuisine restaurant in Laurens isn't here for the food, they want their money.

"Friday when the payroll checks were bouncing nobody could get them cashed," said employee Codi Brewer.

What makes it all even worse for employees like Brewer is that the restaurant closed down overnight.

"(Monday) night I got a phone call from a friend saying they had a U-Haul in the back and they were taking stuff out," said Brewer.

Employees snapped pictures of the restaurant being cleaned out. Tuesday morning it was empty.

"I don't know what to think because this is my first job," said employee Samantha Zimmerman.

Zimmerman's mother, Lenisa Bragg, says she wants her 16-year-old daughter to learn she has to stand up for what she deserves.

"I've been here three times with her check," said Bragg. "Her check has bounced twice."

Employee Fred Aguiniga tried to get answers from the owners but says they wouldn't tell him how soon he would be paid.

So we contacted owner Ace French via e-mail to comment. He said, "We have closed due to my health issues. I am recovering from having my toe amputated. We intend to pay our employees as possible." He also confirmed they were filing for bankruptcy.

The South Carolina Department of Labor, Licensing and Regulation says a bankruptcy may make it harder for the employees to collect wages. Still, they encourage those who don't get paid to file a wage complaint anyway, especially since a business owner can be cited up to $1000 for each employee not paid.

"At some point they may come out of bankruptcy and reopen and those citations would still stand and they would have to eventually pay their fine," said LLR spokesperson Jim Knight.

It's the only choice for these employees who haven't been able to collect the money they earned.

"When you work somewhere and you give somebody your time 110% of everything you got, for this to happen what can you do," said Brewer.

If you don't get paid for your hard earned money here is what you do. File a wage complaint with the LLR by calling 803-896-4840 or click here. Employers can receive a citation of up to $1000 per employee not paid on time. Workers can then file a civil suit and may win triple wages plus attorneys fees.