After 8 months I finally get my paycheck from IHOP & it bounces....

[aliceadams]

Jurisdiction

Florida

A new IHOP restaurant opened in Orlando. They had a few days of training for employees (myself included) before the grand opening. After two days on the floor waiting tables, I quit.
I waited 2 weeks to receive a check in the mail and it never came. After 8 months of calling, and going by the restaurant (they were "too busy" to go into the office & get my check) I finally convinced a manager to mail the check. When I received it in the mail (there was actually 2 checks, one for $61.60 & one for $6.55) the envelopes had been opened and taped shut again.
I noticed on the check (dead center at the top...easy to see) that the check was void if not paid within 180 days. Obviously they knew the checks were no longer valid. I decided to deposit them anyway hoping they would clear. They did not and I was charged an additional fee of $25.00 by my bank. I would like to sue the s*** out of them for comitting check fraud. I wouldn't care so much if it hadn't been just so unnecessary...months of repeated futile attempts
to get my paycheck. At this point it is not because of the amount, it is the principal of the thing.
So what can I do?

 

[Disabled Vet]

Take them to small claims court...

You can sue for the face value of the checks Plus court costs.

 

[Michael Wechsler]

Sorry to hear about your iHop experience. I think that ihop restaurants may be franchise owned so this poor conduct may be on the part of an individual owner not the franchise. Perhaps you want to call them first to demand a new check and reimbursement of expenses (perhaps with interest.) If you don't get it, you can tell them about your remedies. You can take them to small claims court and ask for money to cover fees, expenses, interest and punitive damages for willful misconduct. You never know what might happen in small claims court - and neither does the iHop manager.

You might also consider mentioning that may report their misconduct to the state attorney general as well as the Department of Labor. If they want to mess around, you could be far more trouble than it's worth and best to just pay up and move on. You never know what may come out from shaking the tree and I cannot tell you what to do. But you may also need to make a written demand, which may be better if sent via certified mail or, at the least, proof of sending. Will cost you $1-3 in total if you go that route and it's typically necessary to make such a demand for payment before going to small claims court. Good luck.

 

[Betty3]

Obviously they knew the checks were no longer valid. I decided to deposit them anyway hoping they would clear. They did not and I was charged an additional fee of $25.00 by my bank.

The problem here is that generally it is your responsibility not to deposit any check you know is not valid.

 

[Michael Wechsler]

The problem here is that generally it is your responsibility not to deposit any check you know is not valid.

This is a good point. If it came up in court it would be a problem for you since you will obviously need to be truthful. But when negotiating for the cost of trying to deposit the check (which sometimes will go through) you may choose not to mention it.