If my husband’s former employer paid his weekly salary with a check that bounced, what are out rights?

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If my husband’s former employer paid his weekly salary with a check that bounced, what are out rights?

Instead of waiting for the next check to clear the bank, former employer wrote a check, payable to “cash”, which I cashed. Now, former employer is threatening legal action, saying that my husband owes him money. Should we be concerned?

Asked on September 14, 2010 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Anytime someone threatens you with legal action, you should be concerned. You have a right for your husband to be paid for all work done, at the agreed-upon rate; you also have a right, if you incurred any costs (e.g. bounced check fee) to recover them. You don't need to pay for costs incurred by another party because of their own action.

The issue is what can you prove--can you show tht the cashed check was payment for a weekly salary? e.g. do you have a copy of the check, your husband's time sheet, bank statements that show there was no other payment that week, etc.  What will be important is whether you can show that this payment was what you were owed and entitled to anyway.


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