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

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htmedic

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

:mad: My husband started a new job on Dec. 9,2012 to which he left his old very well paying job for the new one. He started work on 12/9/12 and his first pay day was 1/1/2013 the boss hands him a temp personal check hand written and a printed out paystub. There had been no taxes taken out and when we took the check to my bank due to it being a temp check they call the boss's bank to see if the check would clear and of course it wouldn't. We contact his boss and inform him of the situation and he says he has not yet made a deposit it would be 6pm before we could cash my check. Later that evening our bank says the check will clear we go cash the check on the evening of the 1/2/13. On 1/10/13 our bank notifies us that our account is way over drawn and that my husbands payroll check had bounced, they had tried to get the check to clear for two days before they returned it. Now our account is over drawn and we receiving NSF charges and our bank froze our account due to the amount of money that our account was now over drawn for. My husband contacts his boss only to be ignored and when he finally did answer he told us he would wire the money to our account on 1/11/13 and if the wire transfer didn't work he would meet us in our home town with cash in hand to fix the situation. Well here it is 1/14/13 and we are still without pay and our account still massively over drawn and collecting more NSF fees. My husband contacted his boss yet again and told him the situation has still not been corrected what did he intend to do. He tells my husband he is at the bank and it will be taken care of, yet once more here we sit for the last 14 days with no pay and our checking account a wreck. To top things off my husband not only without the first check he owes him from 1/1/13 but my husband is due to be paid again on 1/15/13. My husband was not the only employee whose payroll check bounced yet he is the last to be paid. The guy that is my husbands boss has been sued in the past for this very same thing and worse. We are at a loss as to how to handle the situation other than to take him to small claims court. The sad thing in all of this is my little girls 5th birthday was sunday and my anniversary is today and we have no money to celebrate either of them. How terrible we as parents felt when we had to deny our little girl her birthday because of this irresponsible man. My husband and I are to the point of tears as we have nowhere to get this money to fix our account or anything else for that matter, and my husband doesn't know if he should leave his job and start looking for another or stay and see if his boss finally gets his act together. Please any help or advise you can give us would be greatly appreciated. We can provide as much information as necessary. :(
 
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Ohiogal

Queen Bee
Look for a new job and report this guy for his lack of payment. Do not continue working for nothing.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Oklahoma

:mad: My husband started a new job on Dec. 9,2012 to which he left his old very well paying job for the new one. I started work on 12/9/12 and my first pay day was 1/1/2013 the boss hands me a temp personal check hand written and a printed out paystub. There had been no taxes taken out and when I took the check to my bank due to it being a temp check they call the boss's bank to see if the check would clear and of course it wouldn't. I contact my boss and inform him of the situation and he says he has not yet made a deposit it would be 6pm before I could cash my check. Later that evening my bank says the check will clear I go cash the check on the evening of the 1/2/13. On 1/10/13 my bank notifies me that my account is way over drawn and that my payroll check had bounced, they had tried to get the check to clear for two days before they returned it. Now my account is over drawn and I am receiving NSF charges and my bank froze my account due to the amount of money that my account was now over drawn for. I contact my boss only to be ignored and when he finally did answer he told me he would wire the money to my account on 1/11/13 and if the wire transfer didn't work he would meet me in my home town with cash in hand to fix the situation. Well here it is 1/14/13 and I am still without pay and my account still massively over drawn and collecting more NSF fees. I contact my boss yet again and tell him the situation has still not been corrected what did he intend to do. He tells me he is at the bank and it will be taken care of, yet once more here I sit for the last 14 days with no pay and my checking account a wreck. To top things off I am not only without the first check he owes me from 1/1/13 but I am due to be paid again on 1/15/13. I was not the only employee whose payroll check bounced yet I am the last to be paid. The guy that is my boss has been sued in the past for this very same thing and worse. I am at a loss as to handle the situation other than to take him to small claims court. The sad thing in all of this is my little girls 5th birthday was sunday and my anniversary is today and we have no money to celebrate either of them. How terrible we as parents felt when we had to deny our little girl her birthday because of this irresponsible man. My husband and I are to the point of tears as we have nowhere to get this money to fix our account or anything else for that matter, and my husband doesn't know if he should leave his job and start looking for another or stay and see if his boss finally gets his act together. Please any help or advise you can give us would be greatly appreciated. We can provide as much information as necessary. :(

Find another job and stop expecting this guy to pay you for work you are doing. It's clear from your own account that he has done this before. I personally wouldn't trust that you'll EVER get paid. And File a claim with the OK Dept of Labor IMMEDIATELY.
 

htmedic

Junior Member
Thank you for your answers we appreciate them much. What all would the dept of Okla labor do in this situation? Would we still need to take this man to small claims court in order to get our money he owes us??
 

htmedic

Junior Member
Oh thank you all so much and I am going to contact the Oklahoma Dept. of labor right away. Although it doesn't take all the stress away at least we will know my husband didn't work for free. Thanks again.
 

swalsh411

Senior Member
Really your husband needs to file the claim since he is the one owed money. There is no guaruntee that you will be able to collect if they guy has no assets.

Stop working for him immediately. Also he should file for unemployment until he finds a new job.
 

commentator

Senior Member
Nifty swifty on all this sad stuff. Is your husband still working for this guy? If so, he needs to stop. Do not work for people who do not pay you. That's the way you avoid getting in this situation. The first minute you found out the money didn't go in, your husband needed to stop working for this guy.

Contact his old job. Can he go back? This situation is not going to be resolved soon, and you are right, small claims court, or the Dept. of Labor, wage and hour division is your recourse here, but first of all, DO NOT work for someone who cannot and is not paying you.

It sounds like this fellow is very practiced at doing promises, and "if it doesn't work, then I'll meet you at" blah blah blah...Sorry. Your husband has worked for a crook. He needs to stop working for him and go and see if he can get his old job back. He needs to file for unemployment insurance. And tell them that he's not being paid for work done. Leave off all the sentimental stuff about how your daughter didn't get her fifth birthday gift. You work for somebody as your decision. You can't get paid if the guy hasn't got the money. SO QUIT. RIGHT NOW!
 

htmedic

Junior Member
Nifty swifty on all this sad stuff. Is your husband still working for this guy? If so, he needs to stop. Do not work for people who do not pay you. That's the way you avoid getting in this situation. The first minute you found out the money didn't go in, your husband needed to stop working for this guy.

Contact his old job. Can he go back? This situation is not going to be resolved soon, and you are right, small claims court, or the Dept. of Labor, wage and hour division is your recourse here, but first of all, DO NOT work for someone who cannot and is not paying you.

It sounds like this fellow is very practiced at doing promises, and "if it doesn't work, then I'll meet you at" blah blah blah...Sorry. Your husband has worked for a crook. He needs to stop working for him and go and see if he can get his old job back. He needs to file for unemployment insurance. And tell them that he's not being paid for work done. Leave off all the sentimental stuff about how your daughter didn't get her fifth birthday gift. You work for somebody as your decision. You can't get paid if the guy hasn't got the money. SO QUIT. RIGHT NOW!

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?
 

pac72

Member
run away from the employer, still going thru the same deal in pa, (see nsf paycheck in pa thread ) after 14 months still waiting on the pa dept of labor to collect for me. you may contact police and see if they will pursue the nsf check issue,mine was more complicated as ex employer did illegal deductions as well as the nsf check,
the police did succesfully collect the nsf check amount in my case thru magistrate, now im waiting on the dol to collect aprox $750 he illegally deducted.
 

LdiJ

Senior Member
I wonder how much it costs to run a credit check on someone or a company via the internet?...as often as we see people in this guy's position I am beginning to wonder if someone who is offered a job shouldn't invest the money in running a credit check on the employer.
 

htmedic

Junior Member
Out of curiosity along with filing a complaint with the Oklahoma Dept of Labor would getting an attorney better my situation in making sure this guy loses his ass?? As the more digging I do the more horrible things I am finding out about this man, or would I only receive the wages I am due? Cause in my opinion employers doing this sort of thing cause people like us so much unnecessary stress and anxiety you would think that alone would be worth some compensation ?
 

pac72

Member
having been dealing with the same in a different state,,
1, contact local police-they may be able to prosecute criminally for the bad check
2,you could pursue civilly thru magistrate
3,report to dol ( which in my case has been a sad joke seeing my case has been ongoing since last jan, as of today i called the investigator and he is still giving the guy time to pay...lol...)

not sure on your state- the first step here is send a 10 day demand to pay letter (registered of course ) then he has 10 days to pay-or after the times up and he doesnt , then the police can pick up the case or you can thru small claims, in my experience the dol is the last id start with,

(and ex boss had a court hearing on another matter w dol this past tuesday - which the investigator on my case had NO clue about - which he had delayed till the 12th of next month -DELAYED BY HIS LAWYER...lol...
the guy has money to hire a lawyer...still REFUSES to REPAY ME )

good luck with hubbys scamming ex boss(i mean that sincerely )
 
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eerelations

Senior Member
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.
 

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