Can my former employer legally be made to pay me my final paycheck?

UPDATED: Oct 1, 2022

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Can my former employer legally be made to pay me my final paycheck?

My last paycheck from a company that I resigned from has bounced 3 times. I was told that it would clear if I redeposited the check. It did not clear. I called and demanded a new check. I was told I would get another one and that it would clear. My husband picked it up for me and I deposited it. It also bounced. What are my legal options? I believe that this company is trying to get away with not paying me because I resigned. I have an official acknowledgement that I submitted a letter of resignation. The hours that I worked were at least 2-3

weeks prior to my resignation.

Asked on December 8, 2018 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue your employer for the money: you sue them based on "breach of contract," or violation of the agreement (whether written or oral/unwritten) according to which you agreed to work in exchange for pay. Since you did your part (you worked), they are contractually obligated to do their part and pay you. You can also sue for any other costs (e.g. any "bounced check" fees) you incurred as a direct result of their falure to pay you. If the amount is less than the limit for small claims court, suing in small claims, as your own attorey or "pro se," is an excellent, cost effective option.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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