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Do I have a legal case?
I worked a temporary contract position for a few hours and was paid with a check. I cashed the check at a check cashing place and a few days later today, I got a call from the manager saying the check didn’t clear/bounced and if my boss didn’t contact her within a few days to resolve the check conflict I would have to pay the money back, plus a fee for it. What are my next steps?
Asked on December 13, 2017 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The check cashing place is entitled to their money back, plus a NSF or bounced check fee, when a check doesn't clear. You have money to which you are not entitled, due to the check bouncing. You have to repay them unless the employer gets them the money first.
The employer on the other hand clearly owes you your pay. They also have to reimburse you any costs or fees you incurred (like an NSF fee) due to their negligence or carelessness (like not making sure they had money in the account). If the employer will not pay you these things, you could sue them (such as in small claims court, as your own attorney or "pro se") for the money. If they pay your salary but not any fees you incur, you could still sue them, but it may not be worthwhile suing for that amount.
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