WWYD - Paycheck bounced - UPDATE #44

[stitchlovestink]

I guess she doesn't realize it is a federal offense to bounce a payroll check?

 

[reginaastralis]

My boyfriend and I used to work for the same company, and he's still there. A couple of years ago, just a few weeks before I started working there, there were issues with checks bouncing. The owner of the company had to put money into the business to keep it afloat, this was right when the economy tanked here in Florida.

Things were fine until about October of this year when my boyfriend's paycheck bounced. He came in about a week after payday, and they told him "they were tired of paying the paychecks out of pocket, and he would have to wait until the returned check came in the mail" Well. Let's just say that didn't happen. I threw a fit and the repaid him, in cash, the paycheck and the fees we encountered from the bank (including crap bouncing because the money wasn't in there, grr!) It's happened a couple of times since then, but it hasn't happened to my boyfriends. We don't like to cash them in our bank account, it's too risky. And a coworker uses the same bank that our business uses, and they hold it for three days before giving her the funds.

Honestly, I'd be on the phone with her about five days ago. And I wouldn't be nice. This is your money. It's yours, and I don't care if she has the flu, she owes you this money. I left my job because I didn't feel it was financially stable enough, and I was afraid I was going to come into work one day and find the place closed. My boyfriend is currently looking, and they've lost a lot of other employees over the scare factor. There is nothing more terrifying that not knowing if your PAYCHECK is going to bounce in the bank.

 

[Fly4free]

OP you are more patient then I would be.

No way would I let the boss ignore emails about a bounced paycheck. I would be on the phone right away. As a pp said document all conversations with an email too.

I also would call the payroll bank to verify funds before cashing anymore checks.

Good luck!

 

[seashoreCM]

I would not show off about this but I would consider the time needed to run to banks etc. as work time. For example at a later date if I came in late I might "forget" to stay late to make up the missed work time then and it would then balance out the previous evening when I had to run to the bank.

 

[Cruise]

This happened to me once. I quit and found another job. Within 3 months, the business had closed.

 

[Gi19]

This happened to me quite a few years ago, the paychecks for a lot of our sites bounced. The company sent out new checks a few days later and paid any bounced check fees etc. Wasn't with the Company for too much longer it was Enron....lol

 

[ekatiel]

I would stop depositing the checks and take them directly to the bank they are drawn on and cash them.

THIS! Go to the bank the company uses, walk in and ask them if there are enough funds to cover the transaction. They will tell you. If there are, take the money and start hunting for a new job. --Katie

 

[EllenFrasier]

OP here. Thanks for all the good advice.

I cannot take the check to her bank because I no longer have the check. I guess our bank returns it to hers or whatever they do with checks after they are deposited. On the plus side, I was not charged any fees by my bank they just reversed the deposit. I did not draw any checks against this amount, so I will not be hit with any insufficient fund fees.

Let me explain that this person is not very good at communicating as it is. She does not return emails right away, she does not answer her phone but lets it go to voice mail. So there would be no point in calling her as she will not pick the phone up.

I collect the payments from clients during the week and bring them to her on Friday at which time I receive my "paycheck". If she does not have a replacement check for me on Friday plus my regular paycheck, she will not be getting the payments I have collected. I will be going to her bank to cash them on the following day so she had better have the funds in there to cover the both paychecks. And I really hope she does not hit me with some sob story because I have bills to pay too!

I wish I had known about the check bouncing when I got my check this past Friday and I would have taken that check to her bank. We don't find out until tomorrow if that check bounced or not. Ugh, I hate all this.

 

[Bell30012]

A couple of years ago this happened to me. I was aghast. The company was not on rough times. It turned out to be a "file issue" with the bank. Our company actually paid all NSF fees. But there were a few days, I was very concerned.

 

[MartyM]

Take your current paycheck to the bank from which it was drawn. You will be able to call to check for funds before you make the drive. You should also get the original check back in the mail unless it is evidence in a check fraud investigation, in which case the state will send you a letter.

From this point forward, you should demand your pay in cash. Also, contact the owner of your company about the issue. He our she should know that one of his managers is putting the company on the hook for federal payroll violations. You can find the owners name and address from your secretary of state's office if you don't know it.

And you should begin looking for a new job. I would wager a burger that your manager is avoiding the issue because she's done something unethical or illegal.

 

[pigletto]

Let's look at this in reverse. If you were sick, and got an email from an employee that their check bounced what would you do?
I know if it were a mistake I would drag my sorry behind out of bed and fix it as soon as humanly possible because I would feel horrible.
I think the fact that she isn't answering you on this matter, but still has the time to send you business related emails is extremely shady.

 

[KKB]

Is it possible that it was a simple error? Yes. If it is, it will be cleared up & no harm done.
Is is possible that it is worse than that? Yes. And you must respond that way. If the check bounces again, take it directly to her bank. You cannot force her to respond to emails or calls. (but do keep those emails)
Be careful keeping clients fees--if you have a contract with her, she will have legal action against you. Nothing wrong with using the client fees as leverage if necessary tho.
Looking for another job is certainly not a bad idea.
I owned a brick & mortar scrapbook store for 3 years. 9/11 and several other events in our community led to our demise. But I NEVER ONCE did not pay my help...even if I had to choose between rent & stock, payroll (and taxes) were FIRST.
Now, errors can happen at the bank level or by your boss. BUT get your ducks in a row, just in case.
Good luck.

 

[Swan4Me]

I collect the payments from clients during the week and bring them to her on Friday at which time I receive my "paycheck". If she does not have a replacement check for me on Friday plus my regular paycheck, she will not be getting the payments I have collected.

I will be going to her bank to cash them on the following day so she had better have the funds in there to cover the both paychecks. .

Even tho you are owed your salary-keeping this money for yourself is not legal, I guess you realize this

 

[EllenFrasier]

Even tho you are owed your salary-keeping this money for yourself is not legal, I guess you realize this

I won't really keep it, but I'll make her think I am if it comes to that. She would be in a very uncomfortable spot if she had to go back to all the clients and ask for a duplicate check.

 

[get_us_to_WDW]

If this company is having cash flow problems some other things you may need to consider: are the amounts that have been withheld from your pay making their way to the correct destination. For example have the withheld taxes been paid to the appropriate federal, state and local authorities, have retirement funds / 401(k) been sent to your retirement account? Also if you have health insurance are those premiums being paid?

I hope this turns out to be a simple error but you need to be cautious.

Good luck.

 

[tlh0726]

OP here. Thanks for all the good advice.

I cannot take the check to her bank because I no longer have the check. I guess our bank returns it to hers or whatever they do with checks after they are deposited. On the plus side, I was not charged any fees by my bank they just reversed the deposit. I did not draw any checks against this amount, so I will not be hit with any insufficient fund fees.

Let me explain that this person is not very good at communicating as it is. She does not return emails right away, she does not answer her phone but lets it go to voice mail. So there would be no point in calling her as she will not pick the phone up.

I collect the payments from clients during the week and bring them to her on Friday at which time I receive my "paycheck". If she does not have a replacement check for me on Friday plus my regular paycheck, she will not be getting the payments I have collected. I will be going to her bank to cash them on the following day so she had better have the funds in there to cover the both paychecks. And I really hope she does not hit me with some sob story because I have bills to pay too!

I wish I had known about the check bouncing when I got my check this past Friday and I would have taken that check to her bank. We don't find out until tomorrow if that check bounced or not. Ugh, I hate all this.

whatever your bank sent you (copy) to notify you of the bounced check should also state that it can be used the same as an actual check.
Please take another look and reread the notice.

 

[Darcy03231]

I would call the Dept. of Labor for your state. They take these kinds of things very seriously. If you want to give her a chance to make things right, I would call her and tell her that she has a certain amount of time to get in touch with you or you are reporting her to the Dept. of Labor. I would also send a follow-up email.

 

[cornflake]

Even tho you are owed your salary-keeping this money for yourself is not legal, I guess you realize this

I didn't read it as the OP keeping the money for herself, just withholding the service she provides until she's been paid. Like keeping the payments hostage, not keeping them for herself.

Same as if someone collected rent checks as part of their job, they might say they went and did their job and collected the rent, but they're not turning it over until they get paid for doing the collection. Seems like a decent solution, given the boss seems uncommunicative and has ignored this issue over multiple emails now.

If it were a mistake that just happened and the boss immediately apologized and sent over a new check or wired some money and said it'd be made up next check and had some reasonable explanation for the problem, doubt the OP would go to the payment hostage-taking level.

 

[PrincessSuzanne]

I would still be calling her phone and leaving a message until she called me back and fixed the problem, then I would be finding another job with a steady paycheck that wouldn't bounce.

 

[Stacy's a freak]

OMG what an awful situation! So many of us work paycheck-to-paycheck and this could be catastrophic. With that said, you have already had a ton of advice on this thread. I just hope everything turns out ok!