Bounced paycheck

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Bounced paycheck

I’m a waitress, my employer paid me two checks both were late. I cashed the checks at a gas station, but they bounced and the gas station is saying they will call the police and send a copy of the checks to them. I went to work and they have closed their doors, a eviction notice was taped to the door. I don’t know what to do as I can’t pay the gas station back and I’m unable to reach the owner.

Asked on June 20, 2019 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You have to repay the gas station--you received money from them in exchange for checks, but the checks were bad and so they did not receive what you promised them in exchange for the money. Try to work out a payment plan (e.g. payment over time) you can afford to resolve the matter with them.
You could sue the employer if it was an LLC or corporation and still exists, but if it is shut down and has no money (which is likely the case), you won't get anything: a lawsuit does not make money appear where there is none. 
If the employer was a sole proprietor (e.g. not an LLC or corporation) you can sue him/her personally, if you have or can find a home address: a sole propietor is liable for the debts of his/her business. 
You can and should file for unemployment.


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