Money owed to me by employer

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Money owed to me by employer

I had a wage an hour suite against my employer along with other employees because of unpaid overtime and we had it resolved with a settlement check. No one ever told me the check had to be cashed within 2 weeks. I deposited the check after the apparent allotted time and paid off a couple credit cards. A few days later the check bounced back and according to my bank was reported stolen. It is clearly not stolen and falsely reported. I now have a negative balance in my bank account, my paycheck was diminished from the negative balance along with all the money from my savings account. The bank wants me to pay back the immediately. My employer will do nothing for me. I cannot pay my rent or bills. They simply told me to take it up with the labor board which will take months. I feel as if my employee should cut me a new check immediately. This is money owed to me. Do you think I need a lawyer to solve this? Do you believe the labor board will even issue me a new check?

Asked on April 3, 2016 under Employment Labor Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The issue is, who issued the settlement check?
If it was the labor board, you have to take it up with the labor board; you can try to sue them if you can't get a satisfactory resolution in fairly short order, but be warned that it is difficult to sue the labor board or other government entities. If it was the labor board that did this, you are strongly urged to retain an attorney to help you.
If the check was issued by the employer, it's more straightforward: you could sue them (e.g. in small claims court) for breach of contract--not actually paying you the settlement amount. In that suit, you could also seek compensation for other costs or fees you incurred as a direct result of the check being dishonored.


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