What can I do if my ex-employer bounced my last check and now my bank account is negative?

I’m over drawn by $450. What is my recourse, small claims court? And, if so, what county do I file in – the one I worked in or the one I live in?

Asked on November 11, 2015 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) You can sue for the amount of the check--i.e. to get the money they should have owed you (assuming they you have not since received it) and for any fees or costs (e.g. any bounced check or NSF fees) you incurred as a direct result of the check bouncing. There is no compensation for your account being overdrawn, however, since that is not your employer's foreseeable fault, since it is your resposibility, not the employer's, to keep a sufficient balance--they do not do your budgeting or financial planning for you.
2) You sue in the count in which the employer is located.

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