When a business files for bankruptcy, its employees may have claims for unpaid salary, wages or commissions. Depending on the basis for the claim, all or some portion may be entitled to "priority" in the bankruptcy process. If your wage claim is entitled to priority, it might result in the claim being paid earlier than other claims or result in a greater prorated distribution than other creditors ultimately receive. Priority exists for unpaid wages owed to employees in an amount up to $4,000 in unpaid wages earned within 90 days before the bankruptcy filing. Wages include salary, commissions, vacation pay, severance pay and sick leave. Unpaid wages in excess of $4,000 per employee or earned more than 90 days before the bankruptcy filing are not entitled to a priority; such claims will be treated as general, unsecured claims and paid with other creditor claims. If you are continuing to perform work for a bankrupt employer, you may wish to verify that the bankruptcy court has approved wage payments in the amount of your prebankruptcy salary. The bankruptcy process may require employers to pay reduced wages, or may not allow for the payment of wages at all until there has been a final distribution of the company's assets by the court. If your employer has filed for bankruptcy, and you have either not been paid or are concerned about your ability to be paid for your work in the future, it is recommended that you consult with a local attorney with expertise in this area. Bankruptcy is a complicated subject with special legal requirements. To ensure that your right to assert a priority wage claim is not lost, it is important to get expert advice before any filing deadlines which might affect your ability to recover some of your back wages.