What is the name of your state (only U.S. law)? CA
Hi my name is Jeremy and i had a question concerning my last employer and its a doosy. So i worked for a telemarketing company and was the primary manager except for one of the partners that was in the office i wrote a good amount of the checks. Now my employer, the other partner, returned 5 checks that are technically business expenses that i was paid for in July of 2011. He returned these checks to wells fargo on 9-30-11 stateing they were forged or fradulant even though out of the 5 things written on a check not including hand writing style differed and our in his hand writing, and wells's fraud team deemed them that i wrote them. Now im trying and my research has given me good cause to believe that these would count as either waiting time penalties or nsf fee penalties of which im entitled to 30 days of regular pay. Now i understand that he is gonna claim a "Good Faith Dispute" but considering that he knew these were not forged i believe that it will go over the same as i see it in court. Does anyone know of a such-like case as ive called atleast 30 laywers and only 2 of those have concurred with what i believe. I have posted and attached an easy to read and direct to the websites that define these terms...... Bad/Returned check laws and websites.
Non-sufficient funds - Wikipedia, the free encyclopedia
The reasons for receipt of bad cheques mostly has to do with the party issuing the cheque not having enough funds available in the withdrawal or checking-account. But apart from this reason there are many other more minor reasons that cheques may not be honored. They include:
1. Account holder canceling the cheque i.e. deliberately dishonoring the payment.
2. Account is closed. In such a case a fraudulent action might have been taken.
3. No Authority to debit. The party owning said account might be under curatorship.
4. Account under investigation. Issuing-party may have been involved in previous fraudulent action.
5. Account holder deceased. Party issuing cheque might have passed-on before cheque is honored.
6. Account frozen. Or effects frozen. Usually happens in divorce when estate is evaluated.
7. Authorization cancelled. The issuing-bank took action.
8. No such account. Party issuing cheque gave a false instrument or committed a fraudulent act.
Penalties for Employers Writing Bad Payroll Checks | eHow.com
Bad Checks
• Bad checks can occur for several reasons: a banking account may have been closed, lack of funds, banking errors, or payment on a check may have been stopped. Employers who are notified, or who are aware a check has not cleared for an employee, should investigate the matter immediately.
Wage Claims
• State labor codes may allow employees to file wage claims against employers for unpaid wages due to bad checks. Wage claims are presented to state or municipal labor agencies for investigation and payment of unpaid wages. Some states, such as California, impose a waiting-period penalty on employers. This is a penalty fee applicable to employer checks returned or unpaid as a result of insufficient funds. The fee is set at the rate of pay the employee was receiving at the time of the bounced check and multiplied by the number of days he's had to wait for payment. If an employer can show the bad check violation was unintentional, the waiting-period penalty may be waived.
Returned Checks - What to do About Returned Checks - Overview
A returned check is a check that the bank does not honor. If you are the check writer, it means that your bank will not pay the person or business you wrote the check to. If you received the check, a returned check is a check that you won’t get paid on. Let’s go over the basics of returned checks and what to do if you have one.
Overview of Returned Checks
Returned checks are checks that the check writer’s bank denies. There are a variety of causes for returned checks, including:
• Not enough money in the account
• A stop payment on the check
• The check is too old to honor
• The check was improperly written
• The order in which banks process transactions
As banks and businesses process checks more quickly, returned checks are more and more likely. It is increasingly difficult to ‘play the float’ and hope that funds will arrive in your account before your check gets deposited.
Chapter 6. Division of Labor Standards Enforcement
Subchapter 6.5. Hearings on Actions to Recover Wages, Penalties, and Other Demands for Compensation and on Claims from Holders of Dishonored Payroll Checks or Drafts
Article 1. Rules of Practice and Procedure
New query
________________________________________
§13520. Definition of "Willful."
________________________________________
A willful failure to pay wages within the meaning of Labor Code Section 203 occurs when an employer intentionally fails to pay wages to an employee when those wages are due. However, a good faith dispute that any wages are due will preclude imposition of waiting time penalties under Section 203.
(a) Good Faith Dispute. A "good faith dispute" that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recover on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. Defenses presented which, under all the circumstances, are unsupported by any evidence, are unreasonable, or are presented in bad faith, will preclude a finding of a "good faith dispute."
MUCH APPRECIATION IN THE MATTER AND ILL CHECK THIS WEBSITE FRIDAY!!
Hi my name is Jeremy and i had a question concerning my last employer and its a doosy. So i worked for a telemarketing company and was the primary manager except for one of the partners that was in the office i wrote a good amount of the checks. Now my employer, the other partner, returned 5 checks that are technically business expenses that i was paid for in July of 2011. He returned these checks to wells fargo on 9-30-11 stateing they were forged or fradulant even though out of the 5 things written on a check not including hand writing style differed and our in his hand writing, and wells's fraud team deemed them that i wrote them. Now im trying and my research has given me good cause to believe that these would count as either waiting time penalties or nsf fee penalties of which im entitled to 30 days of regular pay. Now i understand that he is gonna claim a "Good Faith Dispute" but considering that he knew these were not forged i believe that it will go over the same as i see it in court. Does anyone know of a such-like case as ive called atleast 30 laywers and only 2 of those have concurred with what i believe. I have posted and attached an easy to read and direct to the websites that define these terms...... Bad/Returned check laws and websites.
Non-sufficient funds - Wikipedia, the free encyclopedia
The reasons for receipt of bad cheques mostly has to do with the party issuing the cheque not having enough funds available in the withdrawal or checking-account. But apart from this reason there are many other more minor reasons that cheques may not be honored. They include:
1. Account holder canceling the cheque i.e. deliberately dishonoring the payment.
2. Account is closed. In such a case a fraudulent action might have been taken.
3. No Authority to debit. The party owning said account might be under curatorship.
4. Account under investigation. Issuing-party may have been involved in previous fraudulent action.
5. Account holder deceased. Party issuing cheque might have passed-on before cheque is honored.
6. Account frozen. Or effects frozen. Usually happens in divorce when estate is evaluated.
7. Authorization cancelled. The issuing-bank took action.
8. No such account. Party issuing cheque gave a false instrument or committed a fraudulent act.
Penalties for Employers Writing Bad Payroll Checks | eHow.com
Bad Checks
• Bad checks can occur for several reasons: a banking account may have been closed, lack of funds, banking errors, or payment on a check may have been stopped. Employers who are notified, or who are aware a check has not cleared for an employee, should investigate the matter immediately.
Wage Claims
• State labor codes may allow employees to file wage claims against employers for unpaid wages due to bad checks. Wage claims are presented to state or municipal labor agencies for investigation and payment of unpaid wages. Some states, such as California, impose a waiting-period penalty on employers. This is a penalty fee applicable to employer checks returned or unpaid as a result of insufficient funds. The fee is set at the rate of pay the employee was receiving at the time of the bounced check and multiplied by the number of days he's had to wait for payment. If an employer can show the bad check violation was unintentional, the waiting-period penalty may be waived.
Returned Checks - What to do About Returned Checks - Overview
A returned check is a check that the bank does not honor. If you are the check writer, it means that your bank will not pay the person or business you wrote the check to. If you received the check, a returned check is a check that you won’t get paid on. Let’s go over the basics of returned checks and what to do if you have one.
Overview of Returned Checks
Returned checks are checks that the check writer’s bank denies. There are a variety of causes for returned checks, including:
• Not enough money in the account
• A stop payment on the check
• The check is too old to honor
• The check was improperly written
• The order in which banks process transactions
As banks and businesses process checks more quickly, returned checks are more and more likely. It is increasingly difficult to ‘play the float’ and hope that funds will arrive in your account before your check gets deposited.
Chapter 6. Division of Labor Standards Enforcement
Subchapter 6.5. Hearings on Actions to Recover Wages, Penalties, and Other Demands for Compensation and on Claims from Holders of Dishonored Payroll Checks or Drafts
Article 1. Rules of Practice and Procedure
New query
________________________________________
§13520. Definition of "Willful."
________________________________________
A willful failure to pay wages within the meaning of Labor Code Section 203 occurs when an employer intentionally fails to pay wages to an employee when those wages are due. However, a good faith dispute that any wages are due will preclude imposition of waiting time penalties under Section 203.
(a) Good Faith Dispute. A "good faith dispute" that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recover on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. Defenses presented which, under all the circumstances, are unsupported by any evidence, are unreasonable, or are presented in bad faith, will preclude a finding of a "good faith dispute."
MUCH APPRECIATION IN THE MATTER AND ILL CHECK THIS WEBSITE FRIDAY!!