paychecks bouncing being held.

UPDATED: Sep 30, 2022

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paychecks bouncing being held.

what can I do about my paychecks bouncing and being held. Like for my last
paycheck from Friday he spilt it into 2 checks and wrote me a note saying i
can’t cash one till Tuesday and the other one till Wednesday. This is a weekly
thing usually I can’t cash till Monday though. But sometimes even when I wait
my check still bounces.

Asked on September 20, 2016 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can file a complaint with the state department of labor, but if they can or will not help you, there is little you can do: technically, you could file a lawsuit if not paid on time, but you'll be paid long before the lawsuit comes to trial, even in small claims court, meaning the case will dismissed for being moot. (Though if you have been accummulating NSF or bounced check fees, you could sue for the total of them; your employer is liable, or financially reponsible, for your costs, like these fees, caused by its failure to honor its obligations.)
What you really need to do is look for another job: eitther your current employer is in financial distress, or your current employer thinks nothing of holding onto other people's money for extra time and using it for his own purposes, or both. Either way, you don't want to stay there if you could help it-for example, if the employer is in financial distress, the time may come that it fails to pay you entirely.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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