Do I have a legal case?

UPDATED: Oct 1, 2022

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Do I have a legal case?

I worked a temporary contract position for a few hours and was paid with a check. I cashed the check at a check cashing place and a few days later today, I got a call from the manager saying the check didn’t clear/bounced and if my boss didn’t contact her within a few days to resolve the check conflict I would have to pay the money back, plus a fee for it. What are my next steps?

Asked on December 13, 2017 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The check cashing place is entitled to their money back, plus a NSF or bounced check fee, when a check doesn't clear. You have money to which you are not entitled, due to the check bouncing. You have to repay them unless the employer gets them the money first.
The employer on the other hand clearly owes you your pay. They also have to reimburse you any costs or fees you incurred (like an NSF fee) due to their negligence or carelessness (like not making sure they had money in the account). If the employer will not pay you these things, you could sue them (such as in small claims court, as your own attorney or "pro se") for the money. If they pay your salary but not any fees  you incur, you could still sue them, but it may not be worthwhile suing for that amount.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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