What do I do if my paycheck bounced?

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What do I do if my paycheck bounced?

I now have a new job but I still have 2 paychecks from my old job. My old job issued many bad paychecks. After the 1st time one bounced, I started calling the bank; the funds were never available. I started demanding they pay me in cash with the paycheck stub because I didn’t want another check to bounce. Under state law I could be entitled to up to $1500 but was wondering how I went about collecting that? I know that I need to at least try to cash the checks within 30days, which I will do, but I don’t know what to do after that.

Asked on March 7, 2012 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to begin with the entity who regulates or at least has the ability to come down hard on companies who violate basic state law, like timely payments to employees. You need to go to the department of labor in your state and file a complaint. It may sound like an immaterial act, but in many instances, it could scare the entity into just paying you to go away. Further, if all else fails, you can file in small claims if your paycheck has not reached the cap or you file in regular civil or district court and ask for penalties, including those provided by law for failure to pay, in addition to asking for back wages owed to you plus interest. Once you get the judgment, you probably have to go back to court to ask for an order of attachment.


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