If my husband’s former employer paid his weekly salary with a check that bounced, what are out rights?

UPDATED: Sep 14, 2010

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If my husband’s former employer paid his weekly salary with a check that bounced, what are out rights?

Instead of waiting for the next check to clear the bank, former employer wrote a check, payable to “cash”, which I cashed. Now, former employer is threatening legal action, saying that my husband owes him money. Should we be concerned?

Asked on September 14, 2010 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Anytime someone threatens you with legal action, you should be concerned. You have a right for your husband to be paid for all work done, at the agreed-upon rate; you also have a right, if you incurred any costs (e.g. bounced check fee) to recover them. You don't need to pay for costs incurred by another party because of their own action.

The issue is what can you prove--can you show tht the cashed check was payment for a weekly salary? e.g. do you have a copy of the check, your husband's time sheet, bank statements that show there was no other payment that week, etc.  What will be important is whether you can show that this payment was what you were owed and entitled to anyway.

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 AttorneyPages.com 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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