What are my rights if my employer won’t pay after bouncing a payroll check.

UPDATED: Oct 1, 2022

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What are my rights if my employer won’t pay after bouncing a payroll check.

On January 2nd 2018, all employees at
my current employer were scheduled to
be paid. Nearly 100 of all the checks
bounced leaving employees with
overdraft fees and still being in the
negative at our banks. The employer
promised to cut new checks, and as of
today, January 10th, have yet to do so.
They keep stalling saying ‘the checks
will be ready soon.’ It has put a huge
financial burden on the employees.
Thank you for any advice.

Asked on January 10, 2018 under Employment Labor Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue your employer for breach of contract / account stated.
Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed and the overdraft fees.
Depending on the amount of your damages, you may be able to file your lawsuit in small claims court.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.

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 AttorneyPages.com 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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