Published: Nov 14, 2012 10:43 PM EST
Updated: Nov 14, 2012 10:47 PM EST

FORT MYERS, Fla. - We have a Call for Action Investigation update. After more than a month and counting, some Allstar Auto Auction employees say they are still waiting to get paid. But tonight we uncovered, there's a reason why those checks haven't come.

Co-owner Mike Miski tells me after a fire destroyed the Fort Myers building a month ago, it left the company in financial ruins. Now, they have no choice but to close. While he says some employees have been paid, this leaves others in limbo.

One of those former employees is Rosie Mills. She says she hasn't worked for the company since the beginning of October. But, she says she is still owed about $1,300. "I don't care how big or little that money is, it's our money," Mill said. "We worked for it, and we deserve to get paid. Every week has been a lie after lie. They say next week, next week, next week."

And with each week, her frustration grows.

Here's how this story unfolded:

     October 1st -- A fire shut down Allstar Auto Auction on Rockfill Road in Fort Myers.

     October 17th -- Allstar employees told us their paychecks had not come. Co-owners, Mike Miski and Lisa Digirolamo guaranteed, the one-hundred-plus checks would be in the mail in three days.

     October 20th -- Miski confirmed that the checks had been mailed. But, they never showed up.

     October 25th -- Allstar's attorney said the checks came from an accountant out of state and "Allstar was informed that employees' checks were mailed on Saturday... however, it has subsequently come to light that the mail was not actually picked up until Monday" the 22nd.

That was 3 weeks ago. Wednesday night, Miski told us, while some employees have been paid, others have not. He said they lost thousands upon thousands from the fire, and have to declare bankruptcy. In the meantime, Miski is working with his insurance company and contacting those who owe him money. When that money comes, he promises the rest will be paid.

We were not contacted by any employees who said they had been paid.  So, where does this leave those waiting for a check? Fort Myers Labor Attorney Denise Wheeler told us that if a company files for bankruptcy, wages are given priority, and employees would be paid before any other creditors.