smorgan622
Junior Member
What is the name of your state? Indiana
I deposited two (2) payroll checks into my checking account on the same date and about a week later, after I had received a direct deposit of my paroll check from my 2nd employer, with the funds still showing available, I paid my rent. About a week later I received notice from my bank that the funds from the two live checks had been removed from my account due to NSF in my employer's account. This happended the day before my rent check went through my account which caused my rent check to fail clearing. This then created a late rent payment to my landlord since the check wasn't returned until well after the 5th of the month which is the last day it can be paid without incurring late charges. My bank charged me to "remove" the money from my account so there was a fee for each of the two checks along with the resultant NSF fee for my rent check. This combined with the late charges to the apartment complex cost me almost $300.00. It came to my attention after the fact that my employer knew when issuing the checks that there were not funds available for them but issued them anyways and did not notify anyone until the employee's went to them individually to get reimbursed for wages still owed.
This all transpired in December 2007.
My employer originally stated that they would reimburse me for these fees but are now saying that they do not know if they will pay me. They are waiting to hear from their attorney as to whether or not they have to reimburse me not only the fees for their checks directly but also for the late fees incurred as a result.
Is my employer legally responsible for reimbursing me for these fees?
What is the statue of limitations as far as filing suit should it come to that?
I deposited two (2) payroll checks into my checking account on the same date and about a week later, after I had received a direct deposit of my paroll check from my 2nd employer, with the funds still showing available, I paid my rent. About a week later I received notice from my bank that the funds from the two live checks had been removed from my account due to NSF in my employer's account. This happended the day before my rent check went through my account which caused my rent check to fail clearing. This then created a late rent payment to my landlord since the check wasn't returned until well after the 5th of the month which is the last day it can be paid without incurring late charges. My bank charged me to "remove" the money from my account so there was a fee for each of the two checks along with the resultant NSF fee for my rent check. This combined with the late charges to the apartment complex cost me almost $300.00. It came to my attention after the fact that my employer knew when issuing the checks that there were not funds available for them but issued them anyways and did not notify anyone until the employee's went to them individually to get reimbursed for wages still owed.
This all transpired in December 2007.
My employer originally stated that they would reimburse me for these fees but are now saying that they do not know if they will pay me. They are waiting to hear from their attorney as to whether or not they have to reimburse me not only the fees for their checks directly but also for the late fees incurred as a result.
Is my employer legally responsible for reimbursing me for these fees?
What is the statue of limitations as far as filing suit should it come to that?
