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Apr 24, 2023

S.O.S Ordered to Pay Employees before July Third; Intends to File for Bankruptcy

We’ve reported on the lawsuit filed by several former employees of S.O.S. Security Firm against the company for non-payment of salaries. Today, the court ruled that the company should deposit the monies owed to its former employees before July third or else. The security guards went on a go-slow or did not show up to work because they couldn’t collect their wages from S.O.S. owner Paul Garcia and manager, Crispin Spain. Both men were at court for a judgment summons for another case brought against them by the Social Security Board for falling into arrears of over eight thousand dollars.  A judgment summons means the court will be examining their means to pay their debt. That judgment was from October nineteenth, 2022 for which no payment has been made. And while that matter was adjourned, Garcia and Spain exited the courtroom and were met by ten of the disgruntled former employees.  One of those employees is seventy-one-year-old Allison Clare who says that the company owes him over five thousand dollars in back pay. He was employed with the security firm for eleven years. The court has removed Paul Garcia’s name as the defendant and added S.O.S Security to take responsibility for the monies owed to sixteen employees for which the court ordered full payment to them. The monies are to be paid by end of June. But the employees might have to wait even longer, if they will even get to collect their wages owed. That’s because today, S.O.S attorney, Orson Elrington informed that the company is filing an application for bankruptcy. But the court ruled that whether or not that application is made, the former employees are to return to court on July third, if their monies are not deposited into their accounts by then. The individual amounts that the company owes its former employees range from over a thousand dollars to almost eight thousand. Today, attorney Elrington spoke with the media about the ruling.

 

Orson “OJ” Elrington

Orson “OJ” Elrington, Attorney for S.O.S Security Firm

“We made an application that Mr. Paul Garcia should be struck off as a defendant in the claim because he was not the employer. He was merely a director of the company, and therefore the liability is against the company. Um, the learned judge accepted our application and therefore struck off Mr. Paul Garcia as a defendant. Obviously that has wide reaching ramifications for Mr. Garcia because he no longer is personally liable, but the liability is that of the company. And therefore, um, and therefore the, the debt that we agreed was due to the employees is that of the company. Okay. So tell us a little bit more as well about the matter. That is before the hire, the higher code. Well, we are currently making an application for bankruptcy because the t company is now insolvent. It’s no longer functional, and the debts supersede the assets of the company and therefore we’re making an application to the Supreme Court to declare the company bankrupt.”

 

Court Reporter

“Okay, and do you have a date as to when this matter will be called?”

 

Orson “OJ” Elrington

“No, not yet. We’re still in the process of making that application because as we indicated it is that we wanted to have this matter heard today to have the judgment of the court so that we could put that in front of the, in front of the Supreme Court as a debt due to the company so that when the court is considering the distribution of any of the proceeds of any assets or any assets that it would consider the employees, because as I indicated in court, my clients have indicated that the wellbeing of the employees, although it is a tragic situation, that you have so many persons who are currently unemployed and, their wellbeing is of paramount importance.”


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