If for about a year my employer made staff cash checks at a check cashing place because there funds were not good, shouldn’t the employer have to pay you back for the fees?

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If for about a year my employer made staff cash checks at a check cashing place because there funds were not good, shouldn’t the employer have to pay you back for the fees?

The company funds were never available for payday. When you got your check it had the location of where you had to go cash your check. It was never a bank.

Asked on July 20, 2016 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

 
If your employer actually required (versus strongly encouraged) you to use the check cashing place, then you could have a potential claim because it is basically causing an unauthorized withdrawal from your paycheck.  If it was a really strong suggestion, but not required, then there may not be a claim.
 
Even if it was just a “strong suggestion”, you may still have a complaint for violations of the Texas Pay Day Law.  Employers are required to pay their employees in full on the regularly scheduled paydays.  To file a complaint, you can go online to file a complaint with the Texas Workforce Commission.
 


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