My previous job stopped payment on checks they gave me after termination....?
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My previous job stopped payment on checks they gave me after termination....?
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So I had 3 total checks issued as my last checks... One was for Overtime, another for the one day of October I had worked, and then one for my commission.
It took them two week to issue me the first two (Overtime and the single day of work). I deposited them in my bank account as they where presented to me as my "final checks" and the commissions check was on it's way....
Once my commission check arrived (almost another two weeks later) I deposited it.
I was looking at my bank account and the first two checks they gave me they had stopped payment on them. The reason why: I did not earn the O/T, and then the day of work was re-issued in that final commission check.
Honestly, this would have been OK, IF (IF) they had told me about it before I deposited them. They never did tell me they had stopped the payment, I found out from my bank.
So now my bank took back the total of the first two checks, gave me two return check fees, and I now have two overdraft charges. Grand total $211.43 that I just lost... and I'm unemployed.
Where do I stand, legally. And what do they owe me? How do I fight this? They just dodged me, both time I called them.
I feel I should be payed the entire amount. Firstly, because of how they presented all of the checks. Secondly, because they did not tell me they stopped payment.
Thanks
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mel
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IMO they did that to you on purpose.
legally, the bank notified you (I bet they took their sweet time)
if you have any sort of check stub stating it's a last check, you might have a case with the bank manager, if you could convince them they did this on purpose, and could they waive the fees?
the lesson here is always check your balance, especially on checks deposited, which usually take 5 days, and never spend money you do not have. |
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pinkish
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Hi, I use to work for a bank. Once you get this all straight. Go into the branch and talk to them about the overdraft fee's. Don't let up about it. Let them know you really need this money. Most likely they will refund the charges. The bank I worked for would if it was a first time. |
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Steevs
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Well, if you have any proof you actually worked the overtime and the one day in October, you could always take them to small claims court. Sue them there for the money you're owed for work as well as the banks fees you had to pay for them failing to tell you they stopped payment on the check. It is probably the easiest/cheapest way for you to do it. You don't need a lawyer, actually you can't have a lawyer in small claims. |
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thresher
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This personally I don't think its worth it to sue them in small claims court.I would just move foreward.If it was for say 1,000.00 yep sue them. |
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theHoundDawg
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If they were correct in that they did not owe the money to you, then take them to small claims court for the bank fees.
If they did owe you the money, and will not repay it to you, you can do the same thing for the full amount, but you may be entitled to additional payments, depending on the state you are in.
In some states, such as California, your remedy would be a complaint to the State Labor Commissioner's office, and they will pursue the unpaid wage claim on your behalf, and you might be entitled to additional payments for their improper withholding of wages. |
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Judy
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If everything you DID earn was in the final check, sounds like you are even there. I agree they should have told you that they were going to stop payment on the first two checks, one of which you did NOT have coming and include the other one in your final commission check, but they might not have been legally required to. Talk to your bank about the return check fees and overdraft charges and tell them what happened, they might be willing to reverse them when they see what happened. If they won't, you could sue your former employer in small claims court for the $211.43, but that doesn't mean you'd win. |
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