Page 1 of 2 12 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Apr 2009
    Posts
    17

    Question Payroll Check Bounced, Employer Responsible for Fees

    Ok, my gf deposited her payroll check in tyhe bank ast friday, the money was available saturday, but we noticied wednesday morning that our account was -350 bucks. Upon further investigation we discovered that her payrolll check had bounced due to not sufficient funds. We received an overdraft fee and a $10 returned check fee because of it. Is her employer legally responsible for paying those fees since they gave us the bad checK?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,113

    Default Re: Payroll Check Bounced, Employer Responsible for Fees

    No. It is your responsibility to know what funds are in your account before you write checks on it.

    That is not to say that the employer cannot be held responsible for bouncing the check, but he will not be held responsible because you wrote a check without waiting to see if the check cleared into your account.

  3. #3
    Join Date
    Apr 2009
    Posts
    17

    Default Re: Payroll Check Bounced, Employer Responsible for Fees

    We did not write any checks, her employer gave her her biweekly check, it cleared the bank at first, then 5 days later it came up bounced, we had taken money out in the meantime, thinking the check was good

  4. #4
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Payroll Check Bounced, Employer Responsible for Fees

    She had withdrawn money; same difference.

    What state?

  5. #5
    Join Date
    Apr 2009
    Posts
    17

    Default Re: Payroll Check Bounced, Employer Responsible for Fees

    California. But the money was avaiable to us for 4 days before the check was returned, are you suggesting we wait almost a week after we get paid to spend our money?

  6. #6
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Payroll Check Bounced, Employer Responsible for Fees

    It can take as long as a week. She can ask the employer. Also, if the employer offers direct deposit, she should do that.

    Having said this, however-
    203.1. If an employer pays an employee in the regular course of
    employment or in accordance with Section 201, 201.3, 201.5, 201.7, or
    202 any wages or fringe benefits, or both, by check, draft or
    voucher, which check, draft or voucher is subsequently refused
    payment because the employer or maker has no account with the bank,
    institution, or person on which the instrument is drawn, or has
    insufficient funds in the account upon which the instrument is drawn
    at the time of its presentation, so long as the same is presented
    within 30 days of receipt by the employee of the check, draft or
    voucher, those wages or fringe benefits, or both, shall continue as a
    penalty from the due date thereof at the same rate until paid or
    until an action therefor is commenced. However, those wages and
    fringe benefits shall not continue for more than 30 days and this
    penalty shall not apply if the employer can establish to the
    satisfaction of the Labor Commissioner or an appropriate court of law
    that the violation of this section was unintentional. This penalty
    also shall not apply in any case in which an employee recovers the
    service charge authorized by Section 1719 of the Civil Code in an
    action brought by the employee thereunder.
    and
    210. (a) In addition to, and entirely independent and apart from,
    any other penalty provided in this article, every person who fails to
    pay the wages of each employee as provided in Sections 201.3, 204,
    204b, 204.1, 204.2, 205, 205.5, and 1197.5, shall be subject to a
    civil penalty as follows:
    (1) For any initial violation, one hundred dollars ($100) for each
    failure to pay each employee.
    (2) For each subsequent violation, or any willful or intentional
    violation, two hundred dollars ($200) for each failure to pay each
    employee, plus 25 percent of the amount unlawfully withheld.
    (b) The penalty shall be recovered by the Labor Commissioner as
    part of a hearing held to recover unpaid wages and penalties pursuant
    to this chapter or in an independent civil action. The action shall
    be brought in the name of the people of the State of California and
    the Labor Commissioner and the attorneys thereof may proceed and act
    for and on behalf of the people in bringing these actions. Twelve and
    one-half percent of the penalty recovered shall be paid into a fund
    within the Labor and Workforce Development Agency dedicated to
    educating employers about state labor laws, and the remainder shall
    be paid into the State Treasury to the credit of the General Fund.
    http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-243

  7. #7
    Join Date
    Apr 2009
    Posts
    17

    Default Re: Payroll Check Bounced, Employer Responsible for Fees

    thank you, finally someone who actually uses the law on this site

  8. #8
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Payroll Check Bounced, Employer Responsible for Fees

    You're welcome. I try.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,113

    Default Re: Payroll Check Bounced, Employer Responsible for Fees

    I told you in the first response that the employer was liable for the bounced check. You focused on the (correct) response that he was not liable for the fees and charges. That's not my fault.

  10. #10
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Payroll Check Bounced, Employer Responsible for Fees

    Quote Quoting cbg
    View Post
    I told you in the first response that the employer was liable for the bounced check. You focused on the (correct) response that he was not liable for the fees and charges. That's not my fault.
    I agree; my cites don't change that.

    1. Sponsored Links
       

Page 1 of 2 12 LastLast

Similar Threads

  1. Consumer Law Issues: Bounced Check
    By Maxine_Red in forum Consumer Law
    Replies: 7
    Last Post: 11-10-2010, 04:17 PM
  2. Compensation and Overtime: Bounced Payroll, NSF Fees, and Taking Your Employer to Court
    By jdaniel1 in forum Compensation and Terms of Employment
    Replies: 2
    Last Post: 01-27-2010, 01:44 PM
  3. Compensation and Overtime: Employer Bounced Our Payroll Checks And Now Won't Pay The Service Fee
    By driverdan02 in forum Compensation and Terms of Employment
    Replies: 8
    Last Post: 04-06-2008, 05:37 PM
  4. Business Disputes: Check Cashing Store Wants Payment For A Stolen Payroll Check
    By Alisha in forum Business Law
    Replies: 1
    Last Post: 03-24-2008, 12:04 PM
  5. Replies: 2
    Last Post: 10-06-2006, 08:49 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document