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If your payroll check bounces what legal recourse do you have against your employer? ?
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If your payroll check bounces what legal recourse do you have against your employer? ?

Do you immediately quit and sign up for unemployment, do you turn them in to EDD what do you do? Are they responsible for any checks that you wrote that have bounced? What about overdraft charges ETC???? What as an employee is your legal rights? How can an employer keep you working if he has no money to pay you, isn't that illegal????
Additional Details
I live in California


    




michr
what you need to do and what recourse you have depends on where you are.

EDIT THE QUESTION................

in California you can file a wage claim and you can receive an additional penalty paid by the employer based on the number of days your pay was late due to the ISF.

for information see section 203.1 of:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243

to file a wage claim:
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

you can file a civil suit under:
Section 1719 of the Civil Code
to recoup all pay and any cost you have incured.

first talk to your employer and see if this can be resolved immediately by them.
IF they are not able to resolve this immediately do not continue to work knowing that you will not be paid.
if you know they are not going to pay you do not work......

hopefully this was just a mistake and the employer should correct it and pay all of your cost associated without you having to take legal action but if they do not file a wage claim and seek restitution.

do not accept excuses or continued delays, you have a limited amount of time to deal with this issue so give the employer 24 to 48 hours to get all your funds and if they don't file the wage claim. the longer you wait the more likely you are to be delayed in resolving this.


googie
Report them to the State Department of labor. Keep copies of the check and all the costs you incurred for the oversight. Be prepared to find another job. I wouldn't quit until everything was resolved to my satisfaction.


Ask M
Rating
definitely turn them into your local labor law office, and start looking for a new job





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