My payroll check keeps bouncing and i have yet to receive pay

[TinkerBelleLuvr]

eerelations, I took pac72's comment that the employer is a scamming sorta fella - not the OP in this case is scamming the employer.

Now, it is true that OK DOL will take the paycheck part of this, but, the OP's husband could consider doing small claims for the bounced check fees if he doesn't pay those as well.

 

[commentator]

Yes unfortunately my husband is a give everyone the benefit of the doubt guy so he is at work as we speak . I did advise him to head home after speaking with all of you. Once we realized the payroll check had bounced on our account we spoke with his former supervisor about letting him come back to work, thank god they love him there they weren't able to put him back in full time put part time which is better then nothing at this point. Yes you are right this guy is a very good liar and time buyer. We had no idea he could file for unemployment that's a piece of good news. Does anyone know how long this process might take through either agency?

If he were to stop working for this guy and file for unemployment, they would first pull in all wages for covered employers in the last 18 months, roughly. This would, since hasn't been working very long for this guy, and I won't bet he's paying in his legitimate unemployment taxes on his employees anyhow, not include any wages made from this last employer (or owed to him by the employer) if there are enough wages there to set up a claim, then they'd look into the reason for his quitting the job and get a decision on this. It sounds like he does have an excellent job related reason to quit this job, so approval would likely be pretty easy.

You make it sound like the two options, reporting him to wage and hour and filing for unemployment insurance are exclusive, either/or things to do. No, they're both things you'd need to do, if and when your husband does the really smart thing and stops working without being paid.

The bad news is that after you file for unemployment insurance, it will take at least six weeks for a complicated claim like this (where he voluntarily quit the job due to not being paid) to be resolved and for him to start receiving money. Then if the other old employer had some temporary or part time work for him, he could both work the part time job and draw a little bit of unemployment in some circumstances. But he needs to go on and file it, as it does take a while to get approved and get going.
As for reporting this dodger to the Wage and Hour people, it will take a long time to get repaid in most cases. Certainly not something you can expect to cure the situation in a timely manner. The longer your husband works without pay, the more he's going to be waiting for and trying to get back.

We are assuming that your husband is a regular salaries employee, that he did not offer to work for this guy as a contractor with a 1099 or anything like that. If he did, then small claims court is about his only alternative for getting the money back. Though all these entities, both the unemployment system AND wage and hour need to know about what this employer is doing.

 

[htmedic]

Don't pay attention to pac72, his issues are different from yours and he's in a different state.

File a claim with the OK DOL, they will do everything including levying penalties wherever required. This won't happen with small claims. You don't need a lawyer for the DOL.

I'm a little concerned about pac72's comment about your hubby scamming his employer...hope you're not trying to commit fraud or any other illegalities.

By no means am I scamming anyone we just want what my husband rightfully worked for I have no idea where scam came into the picture. This guy is not worth my husband and I going to jail over lol.

 

[htmedic]

If he were to stop working for this guy and file for unemployment, they would first pull in all wages for covered employers in the last 18 months, roughly. This would, since hasn't been working very long for this guy, and I won't bet he's paying in his legitimate unemployment taxes on his employees anyhow, not include any wages made from this last employer (or owed to him by the employer) if there is enough wages there to set up a claim, then they'd look into the reason for his quitting the job and get a decision on this. It sounds like he does have an excellent job related reason to quit this job, so approval would likely be pretty easy.

You make it sound like the two options, reporting him to wage and hour and filing for unemployment insurance are exclusive, either or things to do. No, they're both things you'd need to do, if and when your husband does the really smart thing and stops working without being paid.

The bad news is that after you file for unemployment insurance, it will take at least six weeks for a complicated claim like this (where he voluntarily quit the job due to not being paid) to be resolved and for him to start receiving money. Then if the other old employer had some temporary or part time work for him, he could both work the part time job and draw a little bit of unemployment in some circumstances. But he needs to go on and file it, as it does take a while to get approved and get going.
As for reporting this dodger to the Wage and Hour people, it will take a long time to get repaid in most cases. Certainly not something you can expect to cure the situation in a timely manner. The longer your husband works without pay, the more he's going to be waiting for and trying to get back.

We are assuming that your husband is a regular salaries employee, that he did not offer to work for this guy as a contractor with a 1099 or anything like that. If he did, then small claims court is about his only alternative for getting the money back. Though all these entities, both the unemployment system AND wage and hour need to know about what this employer is doing.

I have downloaded the form to file with the ODL and my husband has stopped working for the guy as of 5pm last night. My husband was not working for 1099 was suppost to be for regular w2 however this guy has taken no taxes out and has never had my husband file a w2 I think this guy has more bad going on then I could ever imagine.

 

[swalsh411]

It's entirely likely that literally everything this person told your husband including his real name, busienss name, etc. has been a lie. That will make it very hard to collect anything.

 

[anteater]

I have downloaded the form to file with the ODL and my husband has stopped working for the guy as of 5pm last night. My husband was not working for 1099 was suppost to be for regular w2 however this guy has taken no taxes out and has never had my husband file a w2 I think this guy has more bad going on then I could ever imagine.

But, he's a job creator....