What can I do if my last employer gave me 2 checks that bounced and I have been trying to get them to issues me a new check?

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What can I do if my last employer gave me 2 checks that bounced and I have been trying to get them to issues me a new check?

How do I get them to pay? They have been giving me the runaround for over 3 months.

Asked on June 24, 2015 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have two options:

1) contact that state Labor Dept. and see if they can help--they may be able to;

2) if they can't help--and there's a reasonable chance they will not be able to do so (cases like this, they often say you have to take action yourself)--you can sue your employer for the money, which the owe you (you did the work; they have to pay).

A good option is suing in small claims court, where you can act as your own attorney and save on legal fees.

Note if the business is in financial distress (e.g. insolvent or becoming involvent), then even if you win the lawsuit, you may not recover any money--the courts can't make money appear when there isn't any, and you can't recover money if the person or business you sue has none.

If the business were a corporation or LLC (limited liability company), you sue the business; if the business were not, then sue the owner(s) personally--you'd sue them as, for example, "John Doe, d/b/a Acme Products."

 


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