Virginia Federal Court and D.C. Superior Court Say Hoyer Law Group Wage Theft Case Can Move Forward

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Jul 19, 2023, 10:00 ET

TAMPA, Fla., July 19, 2023 /PRNewswire/ -- For more than three years, Hoyer Law Group PLLC, attorneys, Dave Scher and David Fulleborn, have battled to recover wages allegedly withheld by the partners of a fitness startup in Chinatown known as BYNDfit that has never opened. The legal battle has now split into two separate lawsuits, alleging wage theft, withheld insurance benefits, and the wrongful termination of a whistleblower. Two judges now say the cases can move forward.

In the first case against Raymond Rahbar, Jr., the former CEO of defunct office sharing company, Make Offices, and businesses associated with BYNDfit, Hoyer Law Group won a default against BYNDfit itself, which is alleged to be the underlying partnership behind the gym. However, just before a hearing to determine the damages owed to Hoyer Law Group's client, Mr. Rahbar filed bankruptcy in Virginia for BF Management LLC, a component of BYNDfit. Subsequently, Mr. Rahbar and one of his self-described partners, Ryan Macaulay, attempted to remove both lawsuits from D.C. to Virginia as a bankruptcy adversary proceeding. Holding that the removal violated federal law which permits removal only to federal court in D.C. On July 11, 2023, Judge Brian Kenney remanded both cases from federal court in Virginia back to D.C, where they will now proceed in front of Superior Court Judge Juliet McKenna.

Hoyer Law Group's second case also details allegations of how the partners behind BYNDfit, Raymond Rahbar, Jr, Carl Heinz Pierre, Andrea Macaulay, and her husband Ryan Macaulay, obtained more than $3.1 million in Paycheck Protection Program (PPP) loans through the Small Business Administration's COVID-19 relief programs. The complaint alleges that the partners then illegally divvied up the PPP funds amongst themselves, their families, friends, and other businesses, instead of paying BYNDfit's employees.

Before the improper removal to Virginia, Hoyer Law Group had to overcome a motion to dismiss arguing that Andrea Macaulay does not own any interest in the BYNDfit enterprise. The Court denied the motion after Hoyer Law Group countered that the argument was contrary to the partners' PPP loan applications, prior testimony, and a U.S. Tax Court petition filed by the Macaulays challenging an IRS Notice of Deficiency claiming that Andrea Macaulay failed to report over $91,000 of income associated with the BYNDfit companies. Not long after, the Macaulays' attorney asked the Court if he could withdraw from the case.

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SOURCE Hoyer Law Group, PLLC