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bad payroll check

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M

MayDay

Guest
Hello and thank you for your help!
My husband worked for a trucking company located in Missouri based out of Iowa. Today they closed their doors leaving their employees without jobs and holding bad payroll checks. We understand that the bank sold the company and the company buying out the trucking company closed it, at least the terminal in Missouri. This is all unclear because no one will release any information as to what exactly happened. All we know is that all the employees are out of a job and are holding bad payroll checks and are owed for back wages as well. Can the bank simply refuse to honor the payroll checks? Is it legal to withhold the money owed the workers? Is there any recourse for the drivers? Thank you again for any help.
 


L

loku

Guest
There is no question that your husband is entitled to his wages. The real question is whether the company has the assets or funds to make the payments. If they do, then the place to complain is the Missouri Division of Labor Standards. They will either help you or tell you what you can do. They can be contacted at:

Phone 573-751-3403
Phone 800-475-2130
Fax 573-751-3721
PO Box 449
3315 West Truman Boulevard.
Jefferson City, MO 65102-0449

Following is the law, which gives your husband’s rights and provides for a penalty, which he would get if there are funds for it.

Under Missouri Revised Statutes Sec. 290.110. Whenever any person, firm or corporation doing business in this state shall discharge, with or without cause, or refuse to further employ any servant or employee thereof, the unpaid wages of the servant or employee then earned at the contract rate, without abatement or deduction, shall be and become due and payable on the day of the discharge or refusal to longer employ and the servant or employee may request in writing of his foreman or the keeper of his time to have the money due him, or a valid check therefor, sent to any station or office where a regular agent is kept; and if the money or a valid check therefor, does not reach the station or office within seven days from the date it is so requested, then AS A PENALTY FOR SUCH NONPAYMENT THE WAGES OF THE SERVANT OR EMPLOYEE SHALL CONTINUE FROM THE DATE OF THE DISCHARGE OR REFUSAL TO FURTHER EMPLOY, AT THE SAME RATE UNTIL PAID; PROVIDED, SUCH WAGES SHALL NOT CONTINUE MORE THAN SIXTY DAYS. This section shall not apply in the case of an employee whose remuneration for work is based primarily on commissions and whose duties include collection of accounts, care of a stock or merchandise and similar activities and where an audit is necessary or customary in order to determine the net amount due.
 

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