What can I do lawfully if my employer does not pay me on paydays and I am unable to cash my paycheck when I get it?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do lawfully if my employer does not pay me on paydays and I am unable to cash my paycheck when I get it?

I have to wait for days at a time before I can cash when I finally get it.

Asked on February 15, 2016 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In your state, the only legal requirement is that you be paid at least twice a month. There is no labor law setting the specific days that you must be paid, or if the money must be available when you receive a check, so if you are being paid twice monthly, your employer is complying with labor law.
However, if the employer knowingly gives you a check that has insufficent funds in the account when you get the get to cover it, that would a violation of the bad check laws and you could possibly sue for compensation and/or look to file charges. So if the reasons you can't cash the check is insufficient funds, you may have recourse. 
But if the reason you can't cash it when you get it is that you can't get to the bank right away given the day you receive it, then so long as you are paid twice per month, it is legal.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption