Can I charge my job for the amount of my pay check plus any returned check fees that occured because my pay check did not go through?
2007-11-26 14:07:30 · 5 answers · asked by applebottomerotic 3 in Politics & Government ➔ Law & Ethics
Should I get a lawyer if my job doesn't pay me?
2007-11-26 14:17:46 · update #1
In MANY jurisdictions there are statutory civil penalties applied to an employer whose paychecks bounce. In some places they can be as high as three times the amount of the paycheck :-)
Even if you don't live in such a place, you are entitled to the amount your bank charges you for bouncing the check, and any other fees directly attributable to your "detrimental reliance" on your employers paycheck clearing.
Some other answers said that you are supposed to wait till a check clears before you spend the money, so you can't claim the 'incidental' fees. That's not - in any jurisdiction I know of - the case when it comes to paychecks. An employer is required by law to be able to cover a paycheck when he writes it, so you have a legal right to rely on it's clearing.
Richard
2007-11-26 14:29:41 · answer #1 · answered by rickinnocal 7 · 2⤊ 0⤋
I have had this happen with my employer and it is the employers responsibility to pay the fees for a bounced check but NOT the fees for a negative balance because you need to make sure a check clears before you spend the money.
2007-11-26 14:15:25 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
That happened to me once and I threw a fit and tried to get reimbursed but I may as well spit in the wind. I had to pay the over-draft fees at the bank and then at a couple of places where my checks bounced. I was ready to turn postal almost.
2007-11-26 14:20:22 · answer #3 · answered by Ladybug II 6 · 0⤊ 0⤋
You can try, but they are not legally required to pay your returned check fees. You are not supposed to draw money off of any checks you deposit until they clear.
Sorry this happened to you. I know how much those overdraft charges hurt. You should always try to have at least one months pay in your account as an emergency fund. I know how hard this is to do when you're living paycheck to paycheck though.
2007-11-26 14:11:32 · answer #4 · answered by Downriver Dave 5 · 1⤊ 0⤋
first.....
go to the bank, and have them compile a complete list of all fees that this caused you.
make sure it is itemized, and complete, for your company to understand.
Second,
start looking for a new job this minute......
a) bouncing payroll checks is critical.
b) when you ask for a reimbursement, they may find a reason to fire you, or eliminate your position.
Good Luck
2007-11-26 14:15:29 · answer #5 · answered by Rudy J 4 · 1⤊ 0⤋