Can my employer tell us not to cash our checks for3 days because they don’t have funds?

UPDATED: Sep 14, 2011

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Can my employer tell us not to cash our checks for3 days because they don’t have funds?

Asked on September 14, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Legally no---the funds should be available when employees are paid.

Practically, if they won't have money for a few days, they won't have money--if you cash or deposit a check for which there are insufficient funds, it will dishonored. The law does not make money appear or show up in the employer's account.

Every once in awhile, a business or person can misbalance its accounts, or be caught short by some delay in payment. If this is a one time (or very rare) occurence, the best thing is probably to comply with the request; there is no effective way to take legal action or get compensation for a brief delay. On the other hand, if this becomes a pattern or  they keep pushing off when the money will be available, you may need to consider legal action; you--and possibly your colleagues, too, so you can split attorney costs--might then consult with an employment law attorney.

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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