What are my rights if my employer won’t pay after bouncing a payroll check.
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What are my rights if my employer won’t pay after bouncing a payroll check.
On January 2nd 2018, all employees at
my current employer were scheduled to
be paid. Nearly 100 of all the checks
bounced leaving employees with
overdraft fees and still being in the
negative at our banks. The employer
promised to cut new checks, and as of
today, January 10th, have yet to do so.
They keep stalling saying ‘the checks
will be ready soon.’ It has put a huge
financial burden on the employees.
Thank you for any advice.
Asked on January 10, 2018 under Employment Labor Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue your employer for breach of contract / account stated.
Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed and the overdraft fees.
Depending on the amount of your damages, you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.
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