Career Questions and Answers
Several of my payroll checks have been returned NSF. What legal action can I take against my employer?
Asked by employee911
I live in the state of Texas. I need to know what my rights are as an employee regarding payment for services rendered. Is there any legal action that an employee can pursue against an employer that bounces payroll checks. I work for a large company with offices all over the state of Texas.
A:
Best Answer:
Go file a complaint with your local branch of the Wage and Labor Commission for unpaid wages.
A:
You could sue them, but it sounds like they won't have the money to pay whatever the judgement is.
Answered by Mr Lizard
A:
This large company has your pay cheques bouncing..holy crow!!! I strongly suggest seeing a lawyer.I don't know if you have an office there for the Labor Board,but if you do,call them..
Answered by baha_smokey
A:
well if they're that large a company they shouldnt be bouncing checks , talk to the human resources office , maybe a clerical error
other then that yes you can pursue legal action against anyone who doesnt pay for services rendered
talk to your local labor dept. they should be able to help
or just get a lawyer , but that could get expensive
B.
Answered by ivan dog
A:
Seek legal counsel right away & he/she will advise you of your rights.
Answered by shortstuff
A:
In Pennsylvania if the amount is over $500 it is a crimal offense to write bad checks. First, you need to send a letter to you emplyer giving him the opportunity to make good on his dept within a certain amount of time. Make sure you include any overdraft fees caused be his bad checks in the amount.You would need to go to the police in the district the check was GIVEN to you. They will contact your employer to appear in court over the matter. No lawyer is needed on your side!!!!
Answered by amelhybetry
A:
Turn the check over to the Attorney General for collection. Any check over $100 that is INSF becomes a felony and criminal proceeding can be brought. This will cost you nothing and probably get your check paid before others.
Answered by Don
A:
Personally, I would find a new job. A company that has payroll checks bouncing probably isn't doing all that well, obviously their accounting practices suck. I would also bring it up with the highest person you can find. Make photo copies of the checks that were returned to you and take them to the president/ceo or whoever you can get to. Show it to them and explain the situation. It is quite possible that they have no idea this is going on and that someone in payroll will get fired.
If that doesn't work, or if you don't want to deal with it get copies of the checks and type a letter demanding prompt payment of your wages and reimbursement for any fees your bank has charged you. You should also make a copy of bank statements to support those fees, blacking out your account number with a marker. State in the letter that they have until ______ (list a specific date) to pay you or you will take further legal action. Send these papers to your employer by certified mail. If that does not work sue them in small claims court (if the total is under $5,000). You do not need a lawyer to do this. Just go down to the courthouse and ask what forms you need to fill out.
Make sure you keep the original checks that were returned to you, give photo copies to your employer or the court.
Also, report them to your state's labor board.
Answered by Brandi C
A:
If you courage to fight and have money to spend of legal suits , you can file law suit under Finance and Banking Act of your land which specifies the punishment and fine upon drawer and hence your employer will come to his / her senses on receiving a single legal notice... only patience is needed.
Answered by KISHOR LAL
A:
I really don't know what Texas says about legal action to force an employer to make good on bad payroll checks, but one thing missing from your question is whether you EVER got paid -cash, check or otherwise. If you did get paid within a reasonable period of time, then you have no claim of money damages.
One possible "reasonable" explanation is that your payroll check is actually processed and issued by a payroll service. These are the folks who figure out all the deductions, lay-offs to retirement, etc. and then write the actual check. They bill the employer a net amount to cover it all as a lump sum. If there has been a screw up between the service and your employer, it COULD result in what happened to you.
To know how the bad check could have happened at all -you need to talk to whomever in the company is responsible for payroll -not necessarily the person whose signature is on the check. Ask around -courteously.
That said, asking the State's Attorney about it will probably tell you what you want to know, in general, about employers who pass bad checks to their employees. I recommend you approach them, because if you're not getting paid, then others, as well, may not be getting paid and/or there may be some other monkey business with your employer -and the State's attorney will be REAL interested in that.
If your instincts tell you that something BAD is going on, know this: what your employer fears a lot more than you ranting and raving or even taking them to court is the State and Federal Government coming after them for unpaid payroll taxes. THAT'S a BIG DEAL, and the pursuit can be relentless. It could ruin your employer both financially and as a credible business. Another reason to chat with the States Attorney.
I do hope you'll post back and let us know what happens.
Best of luck.
Answered by John G
A:
You can file a civil action to collect your money for services rendered. You can also pursue a criminal action against your employer for issuing a bouncing check.
Answered by Belen
A:
Is there anything you have that shows you work there and how much time you've worked or do you have a contract, or another employee who could back you that you were on the job in case you needed a witness in court? Are other people not being paid too? Sure, take them to court. Sue the company for what they owe you. Here you can take them to small claims court if it's under $5,000 that they owe you. You can make any copies of what says the checks are NSF and send them to the company branch in Texas and then find their main headquarters and ask them too why your checks have bounced, and send it certified mail, return receipt. The courts like to see proof and this is your proof that you inquired. Wait a reasonable length of time for their response and then sue them.
Answered by sophieb
Best Answers are selected by the person who asked the question or other Yahoo! users.
Find out more at
Yahoo! Answers
