If my paycheck bounced, what legal stepscan I take?

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If my paycheck bounced, what legal stepscan I take?

My employer/owner of the franchise sandwhich store where I work owes my bank $528.31 because of her check bouncing. I’ve been trying to get in contact with her and I can’t get any response. Is there any legal action that I can take?

Asked on October 28, 2010 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your main recourse, if money is owed to you, would be to sue the employer for the money; if you did the work, you must be paid. If you have not suffered any damage or loss--e.g. if the bank paid you and is not looking for the money back, so the $528.31 is the bank's loss--then it's the bank that should take action. (If the bank wants/expects the money back from you, then it would be your loss and you should sue.)

Unfortunately, there really isn't any other practical way to get the money other than by suing. (Note: you can also sue for other costs or losses, like bad check fees.) You could bring this action yourself in small claims court or retain an attorney. You can also try contacting your state department of labor for  help, but they tend to be overworked--they may not be quick to provide aid.


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