Employer Going Broke; Not Getting Paid

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Suny25

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My boyfriend's company of 7 years changed hands this fall. Since December, they have not been paying him consistently. It started out as delivering the Friday paychecks on Monday, but now the checks are sometimes 3 weeks late. The company is not honest about what is going on. They say they will have the money the following week and to show up between a certain block of time, and when the employees get there, they make them sit and wait for several hours before saying there was a mistake and they will try again the next day. Needless to say, this goes on for days. Some times they will give them 50 dollars here and there, but he hasn't actually gotten a real check in weeks.

It is putting a huge strain on us financially, and there have been times where I've been afraid that we will get evicted and we often have to contact people to bring us food. For the past month, they have given the excuse that they are switching payroll companies and that is the holdup. My boyfriend doesn't want to leave a job he has been at for so long, but he has started looking elsewhere. Is it illegal for this company to be doing this?

Also, so many of the checks have bounced that we get letters from the check cashing places that want to charge my boyfriend for the bounced fees, and he can no longer cash a check there ever again. One of these is Publix Supermarkets, which are throughout the state of Florida. They have his name red flagged so that he can never do business with them again. Any thoughts and suggestions would be much appreciated!
 
Florida, unlike many states, has no specific payday law for private sector employers.

http://employeeissues.com/payday_laws.htm

Most states require employees to be paid, at least monthly, on a specified date.

If the payroll check bounces, employers can lose the privilege of paying by check.

You can take the check to your local county attorney and press charges against the employer.

You can sue the employer in small calims court for any fees associated with the bounced payroll check.

If I were your boyfriend, I'd get a new job.

I wouldn't just up and quit, but I'd darn sure be looking for new work.

You might want to ask your local unemployment office if this is grounds to quit and receive unemployment compensation?

Laws vary about this from state to state, so be sure to ask Florida authorities before you do anything.

Also, be sure you keep all PROOF of bounced checks and fees!

You will, no doubt, be asked to present that If you are allowed to file such a claim.

By the time you get this corrected (if you can), this company will be out of business or bankrupt.

I'll bet the owners aren't missing paydays!
 
My understanding from an ex-Florida hearing officer is that yes, consistent regular nonpayment of wages and multiple bounced paychecks ARE reasons for quitting that will not disqualify the claimant from unemployment benefits.
 
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