Stag_Driver
Stag_Driver New Reader
12/9/13 2:00 p.m.

Any labor lawyers out there?

My employer bounced my pay check and another employee's paycheck. They made good on it the next day. Their reason was because they that all checks had cleared.

They have paid the bounce check charge on my account and have paid the bounced check charges on the other employee's account.

We operate 18 vehicles. The gas credit cards have not been paid so our cards were denied on Friday and today. The cards have been paid off so we can get gas again.

Other than the reimbursement any suggestions what I should demand? The handwriting is on the wall and I am looking but the job market is tough for a 60+ dude.

Thanks

mndsm
mndsm UltimaDork
12/9/13 2:01 p.m.

Start stockpiling cash and looking for another gig. If they've made you whole, theres not a whole lot left other than running.

wvumtnbkr
wvumtnbkr GRM+ Memberand Dork
12/9/13 2:04 p.m.

I don't think you CAN demand anything and expect to get it.

Unless you claim pain and suffering and can show you had some other loss.

If you do that, well..... good luck.

Dr. Hess
Dr. Hess MegaDork
12/9/13 2:05 p.m.
mndsm wrote: Start stockpiling cash and looking for another gig. If they've made you whole, theres not a whole lot left other than running.

QFT.

GameboyRMH
GameboyRMH GRM+ Memberand MegaDork
12/9/13 2:10 p.m.

Start looking aggressively, sounds like you're on a sinking ship right now.

(As in "water coming over the railing," not "just got a leak in the hull")

4cylndrfury
4cylndrfury MegaDork
12/9/13 2:12 p.m.

get your cabbage in order, contact that other employee, make a plan, buy the company from the boss, fix whats wrong, win

Duke
Duke UltimaDork
12/9/13 2:14 p.m.

Did you bounce any checks because theirs bounced? If so, those fees should get reimbursed.

Basil Exposition
Basil Exposition HalfDork
12/9/13 2:22 p.m.
mndsm wrote: Start stockpiling cash and looking for another gig. If they've made you whole, theres not a whole lot left other than running.

Good advice. ASAP. If they bounce the next one and declare bankruptcy you and any other shorted employees will have to file a claim for owed pay with the bankruptcy court. The court typically pays all secured creditors first, then shares the proceeds of liquidation of the remaining assets with the unsecured creditors. You'll be in the latter class and you would likely get only a portion (maybe nothing) of which you're owed. And only after a long wait.

stuart in mn
stuart in mn PowerDork
12/9/13 2:29 p.m.

It doesn't sound good, but on the other hand sometimes companies will have temporary cash flow problems. I used to work for a company that couldn't make payroll one Friday, but was able to take care of it at the beginning of the following week. It was a one time affair so no harm done, but I was working at a job site in Taiwan at the time so it was nerve wracking...I was wondering if I was going to have to buy my own airplane ticket to get home.

mad_machine
mad_machine GRM+ Memberand MegaDork
12/9/13 3:04 p.m.

I have worked for companies with temp cash flow problems. It is very annoying, but they eventually all pulled through.

Now if they keep doing it...

Datsun310Guy
Datsun310Guy PowerDork
12/9/13 7:20 p.m.
stuart in mn wrote: .......I was working at a job site in Taiwan at the time so it was nerve wracking...I was wondering if I was going to have to buy my own airplane ticket to get home.

Ramsey talks about the evils of the American Express Corporate Account - he tells a story about an engineer who flew to China for work and was told to buy some electronic parts on his AmEx Corporate card and when he got back to the USA the company was bankrupt and he ended up being personally liable for these charges.

www.daveramsey.com/index.cfm?event=askdave/&intContentItemId=121917

bearmtnmartin
bearmtnmartin GRM+ Memberand HalfDork
12/9/13 10:09 p.m.

I have a business and it is tough sometimes. But I put my employees on a direct deposit arrangement so that we all know the money will be there. I don't want them to worry that they may not get paid.

But when I am busy I often have two or three hundred thousand dollars outstanding and if someone is even a week late paying it can really berkeley things up.

If you work for a business for a while you should be able to get a pretty good sense of whether they are in crisis or just busy and having cash flow issues.

novaderrik
novaderrik PowerDork
12/9/13 11:08 p.m.

demand payment in cash.. if they don't give you cash, start taking stuff with the cash value of what they owe you.

bearmtnmartin
bearmtnmartin GRM+ Memberand HalfDork
12/9/13 11:39 p.m.
novaderrik wrote: demand payment in cash.. if they don't give you cash, start taking stuff with the cash value of what they owe you.

Wow.

novaderrik
novaderrik PowerDork
12/10/13 9:51 p.m.

well, it is the internet... and the advice is free...

generally, you get what you pay for...

codrus
codrus GRM+ Memberand HalfDork
12/10/13 11:11 p.m.

My understanding is that employees with unpaid wages come in before the other unsecured creditors, so it's not quite as bad as all that. I'd still expect it to take some time, though.

bearmtnmartin
bearmtnmartin GRM+ Memberand HalfDork
12/10/13 11:47 p.m.

They don't owe him any money. He is concerned for the future, not the past.

mattm
mattm GRM+ Memberand Reader
12/11/13 12:23 a.m.
Datsun1500 wrote: What else are you looking for? What do they owe you?

Back in the day, workers used to walk up a hill, both ways, on Sunday, and wait for the boss to write a check, and then say 'get off my lawn.'

In this case there is also the potential that somebody had to pay for fuel for one or more vehicles.

In any case, since others in the past had to walk up the hill and wait for the check, I think we all must agree that any gas that was purchased by the employees will have to be adjudicated in bankruptcy court. Oh, and my lawn; you are on it an need to vacate the premises.

:)

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