If my ex-employer sent me a check for a bonus worth $9,000 but it bounced due to NSF, what action can I take?

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If my ex-employer sent me a check for a bonus worth $9,000 but it bounced due to NSF, what action can I take?

Asked on August 20, 2014 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

First, if you haven't already, call them and explain what happened: maybe there's an innocent explanation and they'll fix things (but even if the say they will, don't give them too long--just a week or two--before escalating). It's best to resolve matters without litigation when possible.

If they won't fix it or won't even talk to you, your option is to sue them: you'd sue them for breach of contract (the agreement leading to your bonus, even if it was oral/unwritten, is still a contract). Be warned that if the company is insolvement, out of business, or bankrupt, you probably will not get the money: a bankruptcy would discarge the debt; and an insolvent or out of business company cannot pay, even if you get a court judgment in your favor.


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