Employer Refuses To Pay Employees After Quitting

Location: Ohio

I am posting this on behalf of my partner, as he does not have reddit. I'm going to try and make this quick and to the point, as we are both exhausted trying to deal with this.

Over two months ago, my partner got hired into a local family business for HVAC services. Immediately there were red flags (5 technicians up and quit all at once), but a job was a job and they hired him in at a very nice rate for entry level. They also promised education while on the job.

The first pay check came, and it was fine. Direct deposit, right amount. The second pay check was late by 3 days, but when it came it was NOT direct deposit, it was cash. This was handed to everyone under the table, and was suspected as non-taxed. Third pay day comes around--- but there is no money this time. Not for the first day. Not for the third day. Not whole week.

By the fourth day of not being paid, all technicians were refusing to work for obvious reasons, including my partner. They were given empty promises of CASH by the owner of the business, but then it became partial payment in cash, then the rest later. Naturally, my partner refused this under the table payment as did several others, and then when it was clear the money was STILL not coming, they quit. Now, it is noted that about 2 or 3 people did get paid partially, but because they took that partial sum, they are not qualified to make any claims to the department of labor (so they were told).

My partner has in text proof of this man threatening to pay him last because he refused to work for free that week. We also have an audio recording of him saying so as well. We also have proof of him having his workers illegally dispose of freon, which my partner also refused to participate in. He would also tell his employees that they are not to clock in until he says so, even if they arrive to the store at their scheduled time.

Allegedly, this business was 500k in debt and-- as far as we can tell-- is not a running business currently as he has no employees. We suspect he may file for bankruptcy to avoid paying anyone, though we aren't 100% sure how that works hence why I am here.

My partner has refused CASH payment only, and has requested the direct deposit only. He is not comfortable taking the cash when it cannot be proven to be the exact amount owed. The department of commerce has rejected his claim because he makes "commissions" which was a surprise to him, since he was told upon hiring that he was hourly for 90 days (he only made it through 60), but the paystubs do show commission pay. He has one previous paystub, and one for the money he is owed (almost 3k). Nothing for the last week of work he did. The company used 3 different apps to record time punches and benefits and paystubs it was confusing.

Dept of labor and commerce have denied his claims. We are kind of at a loss on what we can do to try and get that money that is owed. He worked hard for it and we have been living off one paycheck that is $4/hr less that what he made. What are our options? Would a lawyer be worth speaking to, or is he just fucked?