What can we do about my husband’s ex-employer who gave out bad paychecks?

The pay checks eventually all were returned for NSF and now we are being forced out of our home with our 3 kids our van may be repossessed soon and all of our bills are now past due. what can we do to get this guy to do the right thing and should he pay all the bank fees and such?

Asked on November 30, 2011 under Employment Labor Law, Washington


Michael D. Siegel / Siegel & Siegel, P.C.

Answered 8 years ago | Contributor

In addition to what the prior poster said, you should contact the New York State Department of Labor.  Not being paid for work is a criminal act by the employer, which the state will investigate.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) If your husband was not paid what what was supposed to be paid, he can sue the ex-employer for the money. That is the only way to get it if the employer won't voluntarily do the right thing.

2) In addition to suing for the unpaid wages, you can sue for costs incurred by you due to the failure to pay: e.g. bounced check or late fees; the costs to move if you are evicted; etc.

3) You could sue in small claims and represent yourself if you don't want or can't afford an attorney.

One issue to consider: whether the former employer is still in business or otherwise has mony/assets. If not, even if you win, you may not be able to recover anything.

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