Can Employer Do This?

[Robin'sBrood]

Quote:
Her bank account closed for one reason or another so can she just go to any bank?
She tried a check cashing place and they said the checks were coming up as cancelled

Haven't read all the posts but as a former teller, it sounds like they put a "stop payment" on the checks. Perfectly legal, and anyone can issue stop payments on checks they've written... the banks are happy to do this, since they charge the account holder for each stop payment.

She would more than likely have to get a lawyer involved to get the what is owed her...

 

[bkreugar]

I thought OSHA ONLY dealt with safety issues bit IF they can/do handle this then she WILL get good help.They were fabulous with my issue and documented everything they did and I knew from my osha contact as well as my manager WHAT they were doing to fix the issue I had. My manager NEVER had an inkling it was me.

 

[bkreugar]

Robin I am suprised to hear you say this.I don't think she will need a lawyer I think a call to the labor dept or the whatever appropriate dept WILL get this handled fairly quickly. It IS one of the things they do handle.

 

[Robin'sBrood]

Quote:
Oh yeah... hadn't thought of that.... since I've never had to deal with anything like it... and my pregnancy brain.

 

[bkreugar]

Even in NC a "right to work" state an employment contract is between the employer and employee it is what all that paperwork is when you finally get hired. There is NO WAY she will put hours in and NOT receive payment.Now since she HAS checks the employer acknowledges her hours ans therefore owes he the $$$.No way around it. Now the WORST thing she could do is go back to employer and get him to give cash for those checks unless hse gets cash first then hands over the checks.The checks are her PROOF employer acknowledges owing her wages!!

 

[kagedgoddess]

hey, sorry if someone else already posted this, but i have an answer, i think.
i had an employer once who after i quit kept telling me "come back next week i dont have your check yet" well, i called a lawyer, MOST will consult 1 time for free. he told me to go to the Court house and file some paper thing, now i cant rememeber what all this was cuz it was like 10 yrs ago, But it cost $75 to file. the court serves a notice to your employer, If your Employer has NOT paid you by time the court date hits, it is 3 X'S your pay PLUS court costs that he has to pay. Also there is an agency you can complain to about this. it is ILLEGAL to place a stop payment on your paychecks like he did! you MUST be paid for hours worked... i think your local labor board should be able to help. and if he stoped payment on those checks, HIS bank will have record of it for 1 and also it is pretty much the same as withholding your pay. Goto the bank listed ON the checks and talk to them there. if it is someone like bank of america, they can maybe blow you off, BUT they will contact him and could poosibly scare him into not ever doing this again. businessexpenses are separate acconts from personal, so i dont know, try that too. Oh and Definitly go to the police and inform on the pushing drugs thing! theres a bar around here where that was going on, but the cops couldnt do anything for a long time cuz no one would say anything.

 

[bkreugar]

Forgot to add I am SURE labor dept or whatever will FINE the employer it is their stick in the carrot and stick policy.It can be on a per day basis as it was with Osha, so again pretty stupid of employer to do.He must not be very bright.He must have thought she was a naive little girl who would not be able to find away around it.

 

[SarahFair]

She found her license and was walking into the bank when I got off the phone with her.
She said shed call me back after she got out.



Its $150 and not really enough to fight over if you have to pay someone to do something about it but I just hate that these scum bags could possibly get away with this..

 

[LizFM]

Sadly, in my experience when someone says "they can't do that" or "that can't happen"...it just means the person saying that has not been in that particular situation.

My husband's employer, when we lived in Nebraska (a right to work) state, did all kinds of things when they fired him (including trying to claim he was fired for cause 2 months before he was actually let go for getting hurt...we had paycheck stubs for those 2 months) that were illegal, but when we tried to go to the state labor board or anyone else who was SUPPOSED to have oversight of things, we were told our only option for making them follow the law was to get a lawyer and sue. Even tho the employer had clearly broken the law by firing someone for getting injured on the job and refusing to pay workman's comp, then lying about when and why the firing took place, there was NO government agency that could/would do jack squat about it. Then we had a horrible time finding a lawyer who would take them on. I don't know how things are in your state but that is what happened to us.

 

[LarryPQ]

OK- This varies from state to state.

Even if the check has "void after 90 days" printed on the check, it is still good for 7 years. The company that issued the check HAS to file unclaimed wages/unclaimed property with the state. After a certain period of time, the check reverts to the state, who will publish a list of payees each year. I think it is called escheat....

BUT, if the employer stop payments the check, she will have to go through the department of labor to get them re-issued.