paycheck repeatedly comes back insufficient funds

[debori114]

What is the name of your state?California. My husband has had his last four paychecks either uncashable at the company's bank or returned from our bank for insufficient funds (NSF). What are his rights to being paid on time and the company complying with having the funds. As of today our bank will no longer accept the checks from his employer and all other checks will now have a seven day hold because of this. Also, when he spoke to employer about it-the employer said to either
a) go to a check cashing place or b) change banks. This does not seem legal to me and what are our options to ensure the pay will be there and can they just say (basically) "so what, go cash it somewhere else?" and what about the fact that they messed up our credit rating at our bank. Any help is appreciated. Also, how can I find out if their workers comp and state disability is up to date-a sure sign they are going under if it is not.
debori

 

[cbg]

You can file a complaint with the state department of labor with regards to the paycheck issue. Your state handles disability and workers comp completely differently than mine does, so I can't answer that part of the question.

 

[debori114]

Labor Board complaints

California. When you complain to the labor board wouldn't it just be natural for your employer to get upset and make your life miserable or even find a way to terminate you? I think it would make going to work uncomfortable--is it confidential when you complain?
thanks

 

[I AM ALWAYS LIABLE]

California. When you complain to the labor board wouldn't it just be natural for your employer to get upset and make your life miserable or even find a way to terminate you? I think it would make going to work uncomfortable--is it confidential when you complain?
thanks

My response:

Going to work?

Um, knock, knock. Hello? Anybody there?

What good is "going to work" when you're not being paid? What could be more "uncomfortable" than working, and not being paid? Why is he "going to work" when he's not being paid? What sense does that make?

News Flash: Your husband, whether he realizes it or not, has been "constructively terminated". In the interim, while he's looking for new employment, he can collect Unemployment Insurance!

Report the company to the Labor Board. Your husband has nothing to lose.

IAAL

 

[cbg]

What's more, it's illegal to term someone because they complained to the DOL. If you could show that this had happened, you'd have a nice little wrongful termination lawsuit.

What advice did you expect to get, if not with whom to file the complaint? What answer were you looking for, if not how to take action against the employer? I'm not yelling at you, I'm just confused.