What to do if your paycheck is no good? UPDATE

[HunnyPots]

I'm hoping some wise person on the Dis has an answer for us!

My son has been working for a local landscaping company all summer. We've had an idea they were in trouble because they've lost many accounts lately, according to my son. Friday was his last day, as he started school this week. Friday should have been payday but the boss ducked out on them before writing their checks. My son has been calling and leaving messages ever since and all went unanswered and no return calls.

Today (Wednesday) he catches the boss at her home and attempt to get his check. First she tries to claim that he "broke her equipment" (he didn't, just for the record) and she shouldn't have to pay him. She backed down when he asked her to show him the broken equipment.

She wrote him a check but pretty much hinted that it may not be good. She asked him when he planned to cash it and then said something like, "we've been having trouble with that bank and I don't want you to end up with a hot check"!

First thing in the morning, we are going to call and verify funds on the check. If it's good, we'll go right in and cash it. If not, what is the best course of action? I have a feeling she'll be closing that account soon.

Thanks for any and all help!

 

[Sparx]

how much is he supposed to be getting paid? honestly, this sounds like she's walking into a law suit. writing a bad check is ILLEGAL, and she is taking advantage of your son.

 

[AKL_Megs]

Tell her you are taking her to small claims court! End of story!

 

[3boymthr]

You can call your local DOL but if the company is out of business/bankrupt there may not be much they can do, especially if it is a corporate check.

 

[Octoberbride03]

Dollars to doughnuts she closed the acct. already. You can try to cash it anyway and see what happens. but if the funds don't clear your son is pretty much out of luck. When a business closes lots of times the employees are the last to get paid if they get paid at all.

 

[dakcp2001]

If the check is not good, I would pay a visit to this "boss" again ASAP and tell them to make good with cash immediately or you will need to file a police report. If they do not call you back or answer the door, just call the police.

This happened to me back in college and my paycheck bounced, which caused all of my bills to bounce. Not only did I get hit with a million fees, it made me look irresponsible. My boss had closed the gym and dissapeared before we found out, so I had to file a police report and send a copy along with an aplogy to every bounced check I had sent. Most were nice enough to waive the fees, but it took a lot of time and hassle.

What state are you in? Labor laws vary

 

[Jennasis]

You do what any sane person does when somebody writes them a bad check...you involve THE LAW.

One of my clients wrote me a bad check. I went right from her house, to the bank after telling her "I'm going to cash this check right now." She says "Ok." Insufficient funds.

I gave her a week to rectify...nadda. She has a rep for non-payment. So I went to the magistrates office and got the paperwork to file against her. Basically I had to send a certified letter of what was owed AND telling her the check had bounced (you MUST deposit the check. Holding it and verifying funds each day isn't enough). She had 15 days from the receipt of the letter to pay. 10 days after that deadline, I was allowed to bring the copy of the check stamped NSF, and the affidavit filled out with the info to the magistrate where they would issue a warrant for her arrest.

Long story short...that witch paid me the afternoon I was scheduled to turn in the paperwork to the magistrate. Cash. She was mad I wouldn't give her more time. She'd had almost a month and a half to pay.

Deadbeats make me want to scream. Vile useless people.

 

[lovetoscrap]

Don't cash it until you verify it has the funds--if it bounces then you will most likely be charged a fee. Not worth it for you to lose the money.

 

[Jennasis]

Don't cash it until you verify it has the funds--if it bounces then you will most likely be charged a fee. Not worth it for you to lose the money.

If you don't deposit the check, there is no legal recourse. When I threatened to have the lady above arrested, the letter I sent included her needing to pay the check AND all of my associated fees for it bouncing.

 

[3boymthr]

I'm pretty sure that if the OP goes to the employer's bank to cash the check then if there are insufficient funds there won't be any charges placed against OP's accounts. Several times I have had a bank tell me "oh, we can't cash that for you, you don't have an account here" and I respond "Oh, yes, you can, as the check was written against an account here and I'm sure if I called the banking commission they'll tell me you have to cash it." - Well, they always cash it if the account has enough funds; if there isn't they stamp it right there as insufficient funds.

 

[minkydog]

I'm pretty sure that if the OP goes to the employer's bank to cash the check then if there are insufficient funds there won't be any charges placed against OP's accounts. Several times I have had a bank tell me "oh, we can't cash that for you, you don't have an account here" and I respond "Oh, yes, you can, as the check was written against an account here and I'm sure if I called the banking commission they'll tell me you have to cash it." - Well, they always cash it if the account has enough funds; if there isn't they stamp it right there as insufficient funds.

Yes. My DH worked for a company many years ago that was walking on the fine line of legal vs illegal practice. He decided to quit and picked up his last paycheck. There had already been some rumblings from other employees about their checks not clearing. We took that check straight to the issuing bank and got cash. We were the only ones who got our money.

 

[Kae]

If you don't deposit the check, there is no legal recourse. When I threatened to have the lady above arrested, the letter I sent included her needing to pay the check AND all of my associated fees for it bouncing.

Yep & you might have to have it summitted twice. I would deposit the check but do plan on using the money. If you depsit the check to a Savings account is there any fee for you if the check bounces? I would ask your bank.

Kae

 

[etoiles]

I used to work for a place that would notoriously bounce checks as well. On pay day everyone would rush to the bank when they got off (the company's bank) and cash their checks. Cashing the check would tell you right away if there were sufficient funds or not. sometimes everyone could cash their check or sometimes just the first 1-2 people. I would try that first before you do the long drawn out, fee filled process of depositing a check.

 

[mamacatnv]

Contact the dept. of labor

If at all possible present the check to the bank where it is drawn from - do not deposit to you or your sons account, if it bounces the fee's are not worth it.

If the check is no good take it to your local sheriff, police etc and file a claim. Here our District Attorneys office would get involved.

Even if he did break something in most states that is the cost of doing business. One cannot randomly or on a whim withhold funds from an employee unless the employee agrees in writing to the withholding.

 

[HunnyPots]

Yes, I am hoping we can just cash it and be done with it. I am just preparing for the worst. If the funds are not there, we will go ahead and deposit it in his savings account and let the bank process and return it.

Years ago, I worked in retail and I believe the procedure was to notify the customer by registered letter and give them 7 days to pay the amount of the check plus whatever fee, and if they did not pay we turned it over to the county attorney's office. Not sure if that is still the way it's done or not, and truly I hope we don't have to go that route.

 

[HunnyPots]

At 9:00 this am I presented the check at her bank. The funds were there so they cashed it for him. All is good...

EXCEPT, at 10:00 she calls my son while he is in class, apparently VERY angry that he cashed the check already! She tries to tell him that "the bank is all screwed up again" and he was supposed to wait to cash it until she told him he could! Unbelievable!

 

[Imzadi]

I hope she heard a "Click!" at her end of the phone as he hung up on her. Tell him not to answer the phone to hert anymore. I'm glad he got the money owed to him. That should be the end of it.

 

[dakcp2001]

This lady is a piece of work! Be glad he has his money, and be glad he is done with those people!

 

[castleview]

I've been there and it's not fun. Keep checking for funds available. If not, then call the Labor Department. That may be a long process, but they eventually get it done. For quite a few years after the boss did time, I received incremental wages owed plus restitution.

 

[HunnyPots]

I've been there and it's not fun. Keep checking for funds available. If not, then call the Labor Department. That may be a long process, but they eventually get it done. For quite a few years after the boss did time, I received incremental wages owed plus restitution.

The check has been cashed. It's thankfully no longer our problem!