Can my employer tell us not to cash our checks for3 days because they don’t have funds?

Asked on September 14, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally no---the funds should be available when employees are paid.

Practically, if they won't have money for a few days, they won't have money--if you cash or deposit a check for which there are insufficient funds, it will dishonored. The law does not make money appear or show up in the employer's account.

Every once in awhile, a business or person can misbalance its accounts, or be caught short by some delay in payment. If this is a one time (or very rare) occurence, the best thing is probably to comply with the request; there is no effective way to take legal action or get compensation for a brief delay. On the other hand, if this becomes a pattern or  they keep pushing off when the money will be available, you may need to consider legal action; you--and possibly your colleagues, too, so you can split attorney costs--might then consult with an employment law attorney.

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