Despite special permission granted by the U.S. Bankruptcy Court for Premier Resorts of Utah to issue final paychecks, formal Deer Valley Lodging employees still haven’t gotten everything they’re due.
In a move that some employees are calling sneaky, Premier Resorts of Utah announced a cancellation of certain benefits including vacation pay on April 30 the day after putting over 100 employees on 30-day leave preceding their official lay off.
In early May, company spokesman Bobby Foster confirmed that that change cancelled the cash out of accrued vacation pay previously agreed to in employment contracts.
At that time, wage claim unit manager Brent Asay with the Utah Labor Commission confirmed that a company could change a policy moving forward, but cannot renege on previously promised benefits like a cash out of vacation pay.
Former employee Jason Nelson said for some people he knows that money amounts to anywhere from a week to five week’s worth of pay a substantial amount of money for someone recovering from a recent lay off.
Asay confirmed Wednesday that his office is investigating several claims on that money. The process could take a few months, but even after they make a decision on the claims, the bankruptcy prohibits the office from going after the company for the money. He presumes former employees will have to file as creditors in the bankruptcy process, but his hands will be tied.
If his office decides to take action on the claims, he can, however, go after officers in the company so long as they are still solvent. That means company leadership could be held responsible for the unpaid benefits.
“We can go after directors, managing members, vice presidents we can pursue them individually because of the definition of ’employer,'” he said.
Foster confirmed this week that no individuals were declaring bankruptcy in connection with the financial crisis that toppled Park City’s largest property management and vacation lodging company and left about 500 home owners unpaid for early-spring rentals.
Asay also said, however, that it is not clear to him the legal connection between Premier Resorts of Utah and the parent company Premier Resorts International. At first glance, it does not appear the parent company is legally registered as such. That could potentially complicate efforts to go after top brass to collect payment.
“According to Department of Commerce records, it’s impossible to tell which entity is the parent company of all the entities starting with ‘Premier Resorts,'” he said.
Meanwhile, former reservations agent Patty Smith has nearly $1,000 worth of health insurance payments to make every month. She guessed that she’s owed about $1,000 after working for the company for 20 years. Her insurance bills, necessary because of a condition her daughter has, consume about three quarters of her unemployment benefits.
Her husband does work, but he owns his own company that just happens to be losing money right now because of the time of year.
Smith said there’s a 30-plus-page document she just got in the mail regarding her insurance benefits extension from Deer Valley Lodging that is giving her a headache, but otherwise she is optimistic things will work out.
“I’m not sure I’ll ever see (the money),” she said. “But we’re fine and we’ll continue to do fine. We don’t spend extravagantly and have a small mortgage.”
Nelson said he’s disgusted by the fact that the longer time an individual put into the company as a hard-working, loyal employee, the more money they are owed.
“Suddenly it’s taken away the rug is taken away from them,” he said.
Premier Resorts International has been contacted repeatedly by The Park Record requesting an interview with company president Barbara Zimonja, including offers to submit questions and have her respond via email. The company has never responded to these requests.