In may of this year i was working for an independent contractor. One thursday night I went to check my bank account before withdrawling cash from an atm and i noticed my paycheck from my boss had bounced causing my bank account to over draft. The next day i talked to him about it and he told me once he got paid on monday from the job we just finished he would make it right and pay the fines and two weeks of pay he now owed me. Well the next day on saturday he was in an accident putting him in the hospital for a month with 2nd and 3rd degree burns. The next day I ended up losing my part time job at Lowe's due to lay off. So all my income was cut off and I was 700$ in the hole. The only way for me to get out of debt was to go to my girlfriends mom. She loaned me the money and wants it back now. She runs her own buisness which i have been working for on the weekends. She still pays me what she owes me. But now I cant get my ex-boss to take or return my calls.
2007-09-11 16:33:53 · 7 answers · asked by curt a 1 in Politics & Government ➔ Law & Ethics
Recently a mutual friend of mine and my ex-boss threw him a benifit party at a local restraunt and bar. He is now driving around in a new truck with his buisness signs on it and is back working again.
This kind of makes me mad since im stuck working a 40 hour job mon-fri and a 20 hour job mon-fri and then on the weekends for my girlfriends mom. I have also had a lot of car trouble of my own lately so not only have I been in the hole from not getting paid i have credit card bills and other things keeping me in debt. But if I could get the money from him to give to my girlfriends mom I would no longer be obligated to work for her every weekend. Giving me some what of a personal life outside of work.
The money in question is about $500 in wages for about 45 hours worth of work over two weeks. $200 of those wages was in a bounced check that led to another $250 worth of fees to my account.
It doesn't seem like enough money to go to court for since lawyer fees will be probably
2007-09-11 16:34:15 · update #1
more then what im fighting for along with court fees. But Im pretty mad that hes out living it up and im stuck in debt. I know small claims court is an option. But I know nothing about how it works. Also If i go through small claims court I would be in line of about 5 other people in front of me since he owes another worker, a subcontractor and medical bills over his head since he didnt have medical insurance when his accident happened.
What is in my best interest? What are my options to sue him for, is it just the 750? And what should I do since I don't realy have and record of the hours i worked for him in the second week other then his word vs mine.
2007-09-11 16:34:40 · update #2
If he now has money in his account you can redeposit the check. Take it to your bank and ask them to check his account for the funds, and if they're there, deposit your check. If the funds aren't there, take the check to the police and have him charged with writing bad checks. then take him to small claims court to get your money.
As for the 250 you lost in bank fees, that is your fault. Any time you deposit a check into your bank account you should wait til it clears before you spend the money.
2007-09-11 16:48:50 · answer #1 · answered by shroomigator 5 · 1⤊ 1⤋
If the original bounced check was never made good on by your ex-employer, go to the police and file a complaint - issuing NSF checks and not making good on them is a criminal offense - it is considered fraud.
You can file a complaint with the labor board in your state (but they will only be able to get your wages, not any fees or expenses. Even if the former employer claims to be broke/ is broke, the labor board can contact banks that have a security interest in the employer's business assets and many will make good on prior wages as employees that are due wages are a priority interest over them and it makes it easier for them to win their case in Court and they just add the amount paid to what your former employer owes).
To get fees that you had to pay and overdraft charges, you will have to file a suit in Small Claims Court and be able to prove by the preponderance of the evidence that the bounced check resulted in the fees. Small Claims Court is very informal and you do not need an attorney. You can file a complaint with the Small Claims Court for a fee (varies by state and jurisdiction ranging from $35-$100) and many places you can just hand write in your complaint and pay the fee. Be sure to ask for any Court Costs and filing fees in the section that acts what remedies you are requesting from the Court.
2007-09-11 20:29:38 · answer #2 · answered by bottleblondemama 7 · 1⤊ 0⤋
You can go to small claims court -- you don't need an attorney, usually just fill out some forms. The cost to file is usually around $40-$50.
Your employer would be liable for the amount of the original bounced check, plus fees, plus anything he owed you for employment. You can request more (like interest) but may not be able to get it.
2007-09-11 16:49:03 · answer #3 · answered by mj69catz 6 · 1⤊ 0⤋
You need to go to your county courthouse and file a claim in small claims court. It is pretty straight forward. Just ask someone and they will point you in the right direction... Before you do this, give him one more chance to make good, so he has no excuses.
2007-09-11 16:43:37 · answer #4 · answered by Jimee77 4 · 1⤊ 0⤋
Small claims court
2007-09-11 16:40:54 · answer #5 · answered by October 7 · 0⤊ 0⤋
In your best interest, save up the money and pay the lady back, as soon as possible, Tighten the belt till you get her paid.
2007-09-11 16:45:06 · answer #6 · answered by fuzzykitty 6 · 0⤊ 0⤋
Use small claims court.
To use an attorney, they'd ask for a retainer, which would be almost as much as you stand to gain.
2007-09-11 16:45:41 · answer #7 · answered by Barry auh2o 7 · 0⤊ 0⤋