Saturday, February 27, 2010

My employer's payroll check did not clear, I suffered over $500 in overdraft fees. does he have to pay this?

My boss's check did not clear when I deposited it, and it took a while for me to catch on. I have accrued over $500 in overdrafts from this. Is he responsible for the fees?My employer's payroll check did not clear, I suffered over $500 in overdraft fees. does he have to pay this?
Did the check bounce?My employer's payroll check did not clear, I suffered over $500 in overdraft fees. does he have to pay this?
Nope. You are responsible for managing your own finances.
If you can prove that the fees would not have otherwise been in exsistence then yes, I would show him/her the fees and tell your boss you need them to be reimburst in full by cashiers check from him/her... (I would record the conversation so you have something for court...) and I also would tell your ';boss'; to only pay you by cashiers checks so you know this won't happen again... and if there is a huge problem with this and your boss becomes an issue I would find another job (either way I would), if your boss won't fix it then take him to small claims court and bring all your proof and also make sure to include court costs to sure him for, because if (and he will) he is found to be responsible for them all then he will be able to be responsible for the court costs... if this happened for months then the judge may say you should have noticed, if it was a few weeks you may get it all your way...
You might get a judge to see it your way. At least the initial fee, but since you freely admit you let it get worse, probably not all.





But, here is your reality check, your boss is on the verge of bankruptcy and if he can't cover your paycheck, he isn't paying payroll taxes either.





By the time you get to court I imagine that there won't be any money left to get out of him.





Good luck in your job search.
I'm not a lawyer but it would seem to me that a relationship that exists between employer and employee is the tacit guarantee that you will work for that person whatever hours that you mutually agree to and that the company will pay you whatever wages were mediated upon signing up with that company. Given that, if you have met your obligation and worked those hours, the employer has the obligation to pay whatever wages you mutually agreed upon. It seems to me that you might have a breech of contract because he did not pay you the wages that were owed to you, even if he didn't know that the check was going to bounce. Check with your lawyer on this.
No. But he owes you the check amount and any ';bounced check'; fee. Overdrafts are your problem.
You didnt manager your bank account incorrectly, your employer did! I have had this happen to me and if you call the bank you below to and explain the situtation, they can possible take off some of those fee's. This is, of course, if you have not had any overdraft fees in the past year.


Definitely call and check. The bank may be able to help you out a bit.
I don't know specifically if he responsible for the overdraft fees. He is however responsible for paying any and all wages due on your paydays. You can take him to small claims court and sue for 3 times the amount of your pay. I would certainly contact the state labor department and ask them what the proper way to handle this.

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