My recent employment check bounced?
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My recent employment check bounced?
Yesterday I had the a liquor store owner
come to my apartment looking for me very
upset because I cash in my employment
check there twice before but the recent
one is why he came. He told me that the
check went back to the bank I wasn’t
sure what that means I have never had a
problem like that before I called my
boss and she said something about that
the company had insufficient funds and
that she will send another? The owner of
the store mentioned if its not fixed I
can legally get in trouble with the law
I don’t understand. So when I went to
work yesterday night I mentioned how is
this going to resolved she said she
needs to call someone and have him go to
store I went to so he can write and give
the check to him but supposedly he didnt
answer, at the end of her shift she left
without saying goodbye so I texted her
did she ever do or get ahold of anyone
she hasn’t responded…
Asked on January 7, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) You have not committed any crime if you believed the check was good but it bounced due to your employer not having sufficient funds. It's only a crime (e.g. "passing a back check") if you knew or had reason to know the check was not good.
2) You do need to make sure the store owner gets the money back, however, since if they don't, they can sue you for it and put you into collections. If your employer does not repay them, you have to find the money and do so--then get the money back from your employer. The liquor store does not need to wait until and unless your employer does actually make good on the check; since you cashed the check and received the funds, you are legally liable to repay them.
3) If you employer does not pay you the money you are owed, you could sue them for it.
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