Contact Us for a Free Consultation 949-379-6250

Employment Law News

OH NO, MY PAYCHECK BOUNCED! NOW WHAT?

Posted by Kashif Haque | Feb 20, 2019 | 0 Comments

 ON  WITH 0 COMMENT

Paycheck bounced

You hope it never happens to you: you get your paycheck from your employer, deposit it, and it bounces!  What do you do?

California law has a couple different solutions to this problem.  The California Labor Code says that if you deposit your paycheck and it bounces, your wages continue as a penalty until your employer makes good on the check.  The penalties can add up for as much as 30 days.  The penalties add up even if you are still working for the company.  However, if you and your attorney ask for this kind of penalty, your employer would not have to pay any bounced check fee your bank made you pay.

Not Being Paid Properly? Review Our Expense Reimbursement Page For Info About Compensating Workers.

You can also treat the bounced paycheck like any other bounced check and use California's bounced-check law, which would require your employer to reimburse you for any bounced-check fee your bank charged you.  The employer might also have to pay up to $1500 in penalties.  This option does not give you penalties for every day the check is late, however.

Which option makes the most sense can depend on how many days of penalties add up while you are waiting for a replacement check as well as why the check bounced – for instance, if it was a bank error and nothing the company did, the company will not have to pay penalties.

Whatever the case, make sure to take care of your own finances.  If one of your own checks bounces while you are waiting for your paycheck, you can't ask the company to pay that fee or any late penalties you may get because you were late paying a bill.  California law tells employers they need to be financially responsible so your paycheck does not bounce, but it also expects you to do the same.

Have questions about filing a legal claim? View our employment claim FAQs.

About the Author

Kashif Haque

Kashif Haque is a trial attorney and one of the founding attorneys of Aegis Law Firm. He served as the 2015 Chairman of the Orange County Bar Association—Labor and Employment Section. Mr. Haque has obtained millions of dollars on behalf of his clients through trial, arbitration and settlement. A...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us For A Free Consultation

At the Aegis Law Firm, we know that you may be going through a difficult time, and we are here to help you recover from the wrongs that you suffered. An attorney at our Orange County or Los Angeles law firm can meet with you for a free initial consultation to discuss your circumstances. We also take most cases on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation.

949-379-6250

Menu