nsf payroll checks in pa.

[pac72]

at what point is an employer knowingly writing nsf payroll checks a crime ?
said employer is llc.
i quit about a month ago along w 3 others that had nsf checks.
now ive found out there are at least 4 more ( now ex ) employees that he did the same to this past week.
he has also changed ownership of his only asset ( paid off trailer home ) to
his mother in law - presuming to shield it from attachment from claims against him/company.
would this be taken on a case by case basis by the local da for prosecution ?
the amounts owed are fairly substancial-aprox 15-20 k owed.

there are currently 3 cases pending/being investigated by dept of labor now -
expecting 4-5 more to be submitted this weekend because of his last round of nsf checks.
( i do have his ex manager who will go with me to have a chat with the da to attest to the fact he knowingly did it..and said checking account may have been closed-we will be trying to determine that this monday )

 

[swalsh411]

It's a crime to write a single check you know is bad. There is nothing stopping you from filing a police report right now. You can also encourage others who received bad checks to file police reports. Having said that, him being in jail is going to make it harder for them to be paid.

The DOL investigation is separate from any potential criminal action.

 

[pac72]

would the local police even care ? im in process of civally going after him thru
the magistrate-10 day certified demand letter-then when he doesnt pay that i can file small claims aganst him ( amount of said amount is aprox $730 )

i have the dept of labor involved also..

me and wife are looking at it realistically as we will never be paid-

if he was jailed for it ... that would be fine with me

the police in my area are state police..would they actually do anything about a small matter of a nsf check ?
id think they would say its a matter for cival action like im currently pursuing.

( i was just informed by the ex manager that we will not be getting any w-2's for last yr- he bounced the check to his accountant-so im gonna guess that he hasnt even paid taxes to the state / feds - )

 

[davew128]

would the local police even care ?

I'm sure if you ask them you'll get an answer.

 

[pac72]

I'm sure if you ask them you'll get an answer.

will the fact its currently 30 days past the date of said offence matter ?

 

[pac72]

had a chat w state cop...
i now have 6 others and myself going today to report nsf payroll checks
issued by this guy to employees..
so ill update on this thread after a visit w the investigator

 

[pac72]

It's a crime to write a single check you know is bad. There is nothing stopping you from filing a police report right now. You can also encourage others who received bad checks to file police reports. Having said that, him being in jail is going to make it harder for them to be paid.

The DOL investigation is separate from any potential criminal action.

well...just returned from the state police barracks
they will not take a report on an nsf check
was advised too see local magistrate..apparently it isnt illegal enough for the state police to act/take report.

 

[Proseguru]

well...just returned from the state police barracks
they will not take a report on an nsf check
was advised too see local magistrate..apparently it isnt illegal enough for the state police to act/take report.

Go to the district attorney's office or speak to another person at the state police .. you have the option of citizens arrest as well.

Police always say "its a civil matter" ... they are all lazy government employees not worth anything.

 

[pac72]

hmmm...strange ya cant get a cop to do there job..
especially when they know the guy we are after..

 

[pac72]

da says go to magistrate..magistrate says send 10 day demand letter
( already in process )

you would thing after this guy bounced over $10 k of checks he would be guilty of criminal check fraud...but you cant force the state to do there job
as far as prosecution

 

[Tayla]

from link (ehow)
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 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.

Read more: Penalties for Employers Writing Bad Payroll Checks | eHow.com Penalties for Employers Writing Bad Payroll Checks | eHow.com

When you contacted the DA's office to file a complaint what was the response? Also the PA State Attorneys Office can be contacted , they can refer you in the proper direction .

 

[pac72]

contacted the local da. he said the state police should have taken the report.but says they historically dont choose to do it- so he has agreed to move foward on this matter for us.
as of now there are the following going after him
1- da
2- pa dept of labor
3-irs has been notified taxes withheld probably not paid for the year
4-private atty for collecting nsf checks
5-childrens services for non payment of ordered / deducted child support
anybody else we can notify ? his head will be spinning when all this hits the fan

( my 10 day demand letter should be hitting his mailbox today/tommorow )
i will also get all others to send one-as the da said thats the first step he needs to procede

 

[pac72]

well..a little update is in order

the local police took the guy to court and i recovered the $103 in the amount of the nsf check at magistrates office..

now the dept of labor and industry opened a case for the $625 in illegal deductions which he admitted to and said to investigator he would repay-
which of course he didnt...
now we forward months later to today- i recive a call from the dept of labor investigator that its not in their best interest to pursue the case against him.

of course i reply about enforcing the LAWS against him... basically they said they have bigger cases to worry about.. so no prosecution against him..

so i guess if you are a small time scamming thief in pa you are immune to prosecution from the state...

our tax dollars at rest...

apparently the state has no real interest in forcing compliance to their laws...

 

[Antigone*]

well..a little update is in order

the local police took the guy to court and i recovered the $103 in the amount of the nsf check at magistrates office..

now the dept of labor and industry opened a case for the $625 in illegal deductions which he admitted to and said to investigator he would repay-
which of course he didnt...
now we forward months later to today- i recive a call from the dept of labor investigator that its not in their best interest to pursue the case against him.

of course i reply about enforcing the LAWS against him... basically they said they have bigger cases to worry about.. so no prosecution against him..

so i guess if you are a small time scamming thief in pa you are immune to prosecution from the state...

our tax dollars at rest...

apparently the state has no real interest in forcing compliance to their laws...

It is not as black and white as that pac72. I am sorry it turned out this way.

 

[pac72]

its plainly clear that the state will DO NOTHING as far as pursuing available LEGAL penelties...against the small claims involved in my case

basically the investigator said .... well the guy really doesnt have the money.... my reply- if we took him to court and YOU requested JAIL time as prescribed IN THE LAW...im sure he would find the funds to make good...

but ive gone over his head again and contacted the dol in harrisburg asking WHY they are choosing to IGNORE LEGALLY AVAILABLE PENELITIES
to force him into compliance....

ill update IF they reply...

the moral of the story is it seems in pa...the laws are only as good as enforcement...which in my case was a JOKE