My husband's employer keeps on bouncing his paychecks. What can we do about it?

Question

What will happen if we call the police?

Do you have any examples of what happens when one files a claim with the dept of labor?

The problem is, he needs work, and if he bothers them, he will be fired, won't he? Isn't there any protection for him?

Answer 1

This varies based on your state. I am assuming that his employer always evenutally pays him, thus honoring the checks. The problem, of course, is that it is difficult to live that way. If they keep bouncing checks, you have to be concerned about the long term health of the company anyway so getting fired may not be an issue.

If you call the police, they will probably tell you to pursue the matter in a civil court. As long as the employer eventually pays the checks, the police usually do not get involved. This varies from place to place depending on how busy the police are also.

What you can do depends on your state. There is no federal whistleblower statute (other than for federal employees), but some states provide protections for employees that report wrongful conduct by their employers. He may need to rally the support of other workers in order to confront the employer. Obviously the employer is having problems and the last thing they need right now is to have the employees revolt.

Many states also have wage laws. That means if an employee is not paid on time, there are statutory penalties. In my state it is 10% per day. In other states the penalties are different.

Finally, regardless of any of the above. If your husband is fired for reporting illegal conduct by the employer, most states will give him unemployment compensation. That may be little consolation but it may hold you over until he can find a new job.

It is a tough problem, but the bottom line is your husband should be looking for a new job. Bounced checks from an employer always mean there is serious trouble at the company.

Best of luck to you.

Answer 2

Contact the department of labor in the state your husband's employer resides. Ask them what protection the Department of Labor provides, if any, to employees when an employer's paycheck has bounced and goes unpaid. It varies from state to state so a single answer is not possible without more information. In some states it is considered a civil matter leaving it entirely up to the employee to bring a civil suit (As if an employee that isn't getting paid will have the wherewithall to do that). Another important question: is the employer paying employment taxes? Any employer that is not paying their employees may not be paying FICA, Federal withholding, State Unemployment or Federal Unemployment. Personally, if I was your husband I'd find another job immediately. At least temporarily until something more permanent became available. You may want to contact the unemployment office and ask if your husband is considered eligible for unemployment after not getting paid by his employer. Also, you can contact the Internal Revenue Service Criminal Investigations Division and report the employer for possible abuse of employment taxes. Form SS-8 Determiniation of worker status can be filed with the IRS if the employer thinks your husband is an independent contractor but he thinks he's an employee. If your husband is getting pay stubs with his checks review them to see if Federal Witholding, Social Security, Medicare, and State Withholding taxes are being deducted.

I hope your husband will find another good paying job soon.
Good Luck!

Answer 3

If you call the police, the employer will have to make the check good. He will also fire your husband.

If you file a claim with the department of labor, they will investigate and make sure that the check he gave your husband is good. Then he will fire your husband.

Your best bet, until he can find another job, is to take the check from the employer to the employers bank to cash it. If there are insufficient funds to cash it ask them if you can leave it as a hold on the account for 10 days or so or until it becomes good. Most banks will let you do this. That way as soon as the employer makes a deposit your check will be paid first.

Answer 4

He needs to look hard for a new job. If the employer is bouncing paychecks, it's a sign that they're on shaky ground and could suddenly go out of business.

Being real practical, calling the police isn't likely to improve anything for you. The guy knows he's doing it, and that it's illegal. Yes, he could end up criminally prosecuted - but doesn't help your husbands job any if the boss is put in jail.

Good luck.

Answer 5

In India Bouncing of Check is a Criminal Offense, issuer of Check can be sued in court of Law.

@@ However, when the check issuer is a employer, one has to think number of times. Your Hubby' can take up the issue with Dept. of Labor, too. But considering the job need of your family. It will be better that he takes up the issue with the employer directly, as well as he should register him self with Reputed Placement Agencies and Quickly switch over to another Job.

Good Luck !!

Answer 6

that is a large number, inspite of the incontrovertible fact that it does not sound such as you would be held in charge on your ex-company's issues. that is going to easily be a headache to handle. For one ingredient, if an company withholds wages from an worker, that funds is seen to be held by potential of the government. In different words, if an company withholds worker pay, however the corporate does not turn that funds over to the government, the worker inspite of the fact that gets credit for the withholding. it is why the IRS can slap a lock on the door of a employer if returned withholding isn't paid up, the place they should flow through long criminal methods to do an identical ingredient for returned earnings taxes. Withholding not paid over is taken care of extra like theft from the government. sounds love that is a large number to be certain what became "withheld" and what became not. be certain what ought to have been on the W2. record it out so which you do not finally end up owing tax on funds you under no circumstances won, such simply by fact the bounced exams. you will ought to hire a expert that may assist you identify what earnings became, and what became withheld. this could require examine into gross sales Rulings, Regs, and complaints. that isn't the form of ingredient practitioners handle as a uniqueness, a minimum of that i'm conscious of.

Answer 7

go to your labor board... and have your husband seek better working environment (non-bouncing check company) Unfortunately small business companies have this problem but not every single time...

His employer should have something set up at the bank to avoid bouncing this and bounce others... I would call and verify the check payment or go directly to the bank that he uses and cash it... then place the cash into your account... but that is just ridiculous

Answer 8

Direct deposit would eliminate any charges on your part. Quietly go to job placement offices and the unemployment office. Just tell them it is not alright to call your boss, give them other references to call. And get out of there as fast as you can. Look at the newspaper for jobs, go online there are many jobs listed there. Enter what kind of work you are interested in. I work for a newspaper so I looked under Georgia and newspapers. I was hired the same day.

Answer 9

depends where you live. in canada we have a law that you have the right to get paid, cash in hand, with in 5 days of your pay period. then you can sue. i would get him to call in sick, look for a new job, then quit. why put up with it? i don't know if your in the states or not and what laws they have around that. not sure if a cop can help you. i would think a lawyer anyways. call the free legal advice line in your area. if they can't help you, then they should at least have numbers on human rights offices etc in your area.

Answer 10

Go to the Labor Board and look for a new job.They can shut his business down if he doesn't pay up.If he gets fired it's wrongful termination and the @$%#^#$@ is even in more trouble.