What do I do if I got paid last Friday and the check bounced so my employer put another check in my account and that check bounced as well?

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What do I do if I got paid last Friday and the check bounced so my employer put another check in my account and that check bounced as well?

The bank has charged me a return of deposit fee so now my acct is negative $100. I told them I’m not working until the check clears. My shift started at 10:00 and my replacement still isn’t here. I spoke with my employer at 11;15 explaining the situation and again at 12:52 but had to leave a message. I’m a CNA and can’t leave the patient by herself.

Asked on December 16, 2011 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, if you are never paid, you can sue for the money owed you (your wages or salary).

Second, your company should pay any costs or charges (bounced check fees) you incurred. However, if they will not pay it voluntarily, you would have to sue, which may not be worth it.

Third, while your working (i.e. staying because your replacement hasn't shown) you are still earning, and must be paid for that time, too.


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