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Published December 30, 2011, 10:14 PM

Employees suing shuttered Fargo daycare over unpaid wages

Fargo, ND (WDAY TV) - Six employees of a closed Fargo daycare are calling upon their former employer to pay them for hours worked. They are named in a lawsuit. That suit now involving both the state of North Dakota and Cass County.

By: Travis Skonseng, WDAY

Six employees of a closed Fargo daycare are calling upon their former employer to pay them for hours worked. They are named in a lawsuit. That suit now involving both the state of North Dakota and Cass County.

The Department of Labor is asking district court to rule after that state agency had no luck collecting any money. Neither did the Attorney General. The owner says she can't pay. Now, one employee is threatening further legal action.

Ashley Potulny – Former Daycare Employee: “She should have to pay.”

Looking over the latest lawsuit filings, Ashley Potulny is eager to get what she's owed. Three weeks of wages.

Ashley Potulny: “She just doesn't care I guess. She just ignores everybody and thinks it's just going to go away.”

The 23 year old is one of six employees named in this lawsuit. All worked at All Because Of Children daycare before it abruptly closed last December.

Ashley Potulny: “I had no money. I had to borrow money from other people.”

The center had been open since 2008, but after two years in business, financial and family issues forced owner, Jill Sherbrooke, out.

Jill Sherbrooke – Former Daycare Owner: “My intentions were good. My knowledge of business wasn't.”

Sherbrooke blames cash strapped parents who couldn't pay.

Jill Sherbrooke: “I ran it with my heart and that was the bad thing to do.”

Sherbrooke says she still owes nearly $300,000 related to that daycare, so paying the $15,000 requested in this labor lawsuit isn't easy.

Jill Sherbrooke: “It's not like I'm hiding money. There's no money anywhere. We had $40,000 due to us that we're not getting.”

The former owner has hired an attorney and accountant. She says she cared about her former employees and understands why they want to be paid.

Jill Sherbrooke: “If there's a possible way that we find a way to do this, I would love to. I would love to get their money to them somehow.”

Ashley Potulny: “It's so wrong and unfair that she will possibly get away with this. There should be some way she has to pay us no matter what.”

Potulny may take the case to small claims court, depending on Cass County's judgment. No word when that ruling will come. Parents are also owed deposits.

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