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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Stop Check Payment Issue

    My question involves a banking matter in the State of: Ohio

    Hello all,
    I have an issue and hope I find a solution. I was a employee for an employer in Ohio. I been working there for 5 months, got trained(worthless) and finally left the employer due to bad reputation on the company. I was not allowed to leave until and unless I gave a check to my employer(in return for the worthless training he gave me)-forcefully-a certain amount. Ofcourse was postdated check was given after a month(had to option other than to give). Now there are lack of funds in the account. Now that the time has come for him to encash, but I do not have sufficient funds in my bank account- i raised a stop check payment. I do not want him to encash the money as I am not satisfied with his service. Can he do anything legal on me???
    Please respond to my thread.
    Thanks,
    Chary

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Stop Check Payment Issue

    sure. He can call the police and report the situation. Not sure if they will consider it a crime but there are a few that might be possible. As well, he can sue you in civil court for whatever you owe him.
    If you have a problem with his service and believe you do not owe him, the proper action would be to either refuse to pay initially or to pay and sue for what you believe you are owed.

    I was not allowed to leave until and unless I gave a check to my employer
    short of him physically restraining you, I'm just not seeing how he could prevent you from leaving without paying him whatever he claims you owed.

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Stop Check Payment Issue

    I was there with him for a period of 5 months... but he dint give a single $ for all the 5 month period. That made me make the stop check payment. And moreover, I did this because of lack of funds... so that i wont be charged overdrafted from the bank services. He is a fraudulent employee which I came to know by then, that made me change my employer. What should be my next steps? Can you please let me know. !!!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Stop Check Payment Issue

    Ohio's courts seem to follow the rule that "when the payee knows that a check is not collectible at the time it is tendered, there can be no crime of passing a bad check". Presumably the reason you gave a post-dated check was because your boss knew you had no money when you issued the check. It's still not clear why you didn't just leave. If you stop payment, I would personally give him notice that the check is no longer valid and, assuming this isn't a valid debt, assert the reasons why the debt isn't valid. As you haven't shared the facts, perhaps it's time for you to consult a lawyer.

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Stop Check Payment Issue

    In other words, a post-dated check like a third party check and checks in payment of debts are only civil matters. There is no criminal recourse, there is only the original civil recourse.

    However, it still was seriously stupid to give him a check or to even acknowledge that the so-called training had any value whatsoever.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Stop Check Payment Issue

    While the idea of a bad check wasn't totally out of my mind, I was thinking more along the line of theft of services. So often, as far as I have seen, it tends to not be seen as a criminal action but I surely wouldn't discount it totally. That was more the intent of my post than to claim it will be seen as criminal.

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