Bounced payroll checks

[shack13]

For over a year now I, along with other employees, have had to deal with our company bouncing our paychecks. They have replaced them, though sometimes it is up to us to prove that they forgot to replace one during times of multiple bounced checks. They have given us the money for those fees, also with a similar amount of proof and fighting on our part.

I can't believe this is acceptable practice for a company, but I don't know what the laws are regarding it or if I should do anything and risk my job, but I've had a couple of instances of things going to collections because they didn't do what they promised and "handle it" for me.

Any thoughts or suggestions would be appreciated.

 

[Beth3]

Contact your State's Department of Labor and file a complaint.

Personally, I'd also start looking for a new job. A company with a 12-month history of issuing pay checks with insufficient funds to cover the payroll is one with some major cash flow problems and therefore not a lot of job security.

 

[shack13]

What happens when I file a complaint? What kind of trouble will they be in and what will it do for me? As far as a new job, it's already in the works, but it's kind of a family run business. I don't want to hurt the people who will stay out of loyalty and I do care about the family of the partner who we directly work with. I know they aren't in the right, but there is still people involved who don't deserve to be hurt further.

 

[shack13]

I think my last post makes it sound like I won't do anything as far as a complaint, but there's more to this.

The company is moving out of town into a building occupied by another business connected to ours. The rumors are that they won't make it past the move, financially, and probably will lose business because they've moved making harder to sustain. What I'm trying to find out is if filing a complaint will benefit the employees in any way, not just hurt the owners. There aren't a lot of employees making the move as it is because of the hour or more commute and the situation at work as it is.

Is everyone one just screwed for staying with a company that consistently makes bad decisions? Can the company be forced to give extra compesation for bouncing employee paychecks? Can emplyees quit and still collect unemployment while they find something better rather than stay until the doors are locked based on the state of the company? Under normal circumstances I wouldn't expect the answers to be yes, but I've never heard of a situation like this.

 

[Beth3]

What happens when I file a complaint? The State will investigate, which means contacting the employer to see what they have to say and requesting pertinent documentation.

What kind of trouble will they be in and what will it do for me? The State could find them. What it will hopefully do for you will be not to have any more bounced paychecks although obviously no one can guarantee that.

As far as a new job, it's already in the works, but it's kind of a family run business. I don't want to hurt the people who will stay out of loyalty and I do care about the family of the partner who we directly work with. I know they aren't in the right, but there is still people involved who don't deserve to be hurt further. I hear you and your loyalty is truly commendable. But is your employer going to pay your rent and put food on the table when your paychecks keep bouncing?

Is everyone one just screwed for staying with a company that consistently makes bad decisions? I'm not sure what exactly you're referring to but yes, staying with an employer that consistently manages their business badly is at some point going to result in the employees having some major problems to deal with - such as being unemployed if the business goes belly-up.

Can the company be forced to give extra compesation for bouncing employee paychecks? Probably not. They'd very likely have to pay a fine to the State.

Can emplyees quit and still collect unemployment while they find something better rather than stay until the doors are locked based on the state of the company? Under normal circumstances I wouldn't expect the answers to be yes, but I've never heard of a situation like this. If the employees aren't getting paid at all, that's one thing but if they are getting paid, although untimely, I seriously doubt that would be considered good cause to quit and still be eligible for UC benefits.

 

[shack13]

Thank you very much for clarifying some of this for me. It's an uncomfortable situation that I won't be dealing with after June.

 

[Duranie]

I dealt with this at a former job. Although I personally never had a payroll check bounce, other employees did. One day the company went out of business, almost overnight. I wound up having to sue for my unpaid wages. I won, but the company field for BK so I got nothing.

This is a sign that the company is likely in financial trouble. Have your resume ready just in case.

 

[mlawh5656]

Non-payment of wages

My daughter has worked at a restaurant for 2 months. She has yet to receive a paycheck. A variety of excuses were given her for the first month and then, finally, one of the owners told her they were experiencing cash flow problems, but would make everything okay in a couple of weeks. It's been another month. In addition to her hourly wage, she doesn't get any of her credit card tips. They have given her money on a few occasions -- maybe a few hundred dollars, but they owe her about $1500 in tips and about $500 in hourly wage.

We live in Georgia, so there are no fines that I can see. She's quitting today, but is worried if she quits she will get nothing. Can she sue them for unpaid wages? The Georgia Department of Labor told me there was nothing they could do.

 

[Beth3]

The Georgia Department of Labor told me there was nothing they could do. Huh? She hasn't be paid any wages or the tips due her in TWO MONTHS and the State DOL said they could do nothing? That's ridiculous.

Unfortunately, GA's DOL website is extremely unhelpful in providing any information about State employment laws so I can't quote you your State's laws regarding pay frequency and such but it doesn't matter. If the State won't help, the federal DOL will. Your daughter can give them a call at 202-693-4650.