nsf payroll checks in pa.

[Zigner]

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

The moral of the story is that you can't get blood from a turnip.

 

[pac72]

true....

or demand laws be applied to those who violate them...

id be happy for 30 days for him in the county hotel with bubba

 

[Zigner]

true....

or demand laws be applied to those who violate them...

id be happy for 30 days for him in the county hotel with bubba

So, you DON'T want your money - gotcha.

 

[pac72]

..the $750 owed.. and $ 500 punitive damages ( as per pa. law ) would suffice actually...

but with pa's weak laws on awards recovery... id actually be happy if i could have him jailed for non paynent..

 

[pac72]

well..a little update..after the dept of labor investigator giving this scamming ex employer chance after chance to pay up..
he basically gave up- until i emailed harrisburgh and went over his head to his superiors-strangely i got a call from him after 72 hrs after the email .
now its been over a year ive wasted . but it seems their legal dept has picked up the case and will be going to magistrate on jan 8 2013..

moral of the story..guess ya gotta fight to have the state enforce the laws to stop these small time scamming employers...

after many calls to the investigator i had no real luck till i walked over him and contacted his higher ups in the dept of labor..

can anyone help me on the statuate he is being charged under ? i cant seem to locate it..

43 § 872 §§ A2

 

[LdiJ]

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 - )

Make sure that you keep your last paycheck stub in a safe place. You are going to need it to file your taxes...which will also get your former employers in a ton of trouble with the IRS.

 

[pac72]

Make sure that you keep your last paycheck stub in a safe place. You are going to need it to file your taxes...which will also get your former employers in a ton of trouble with the IRS.

already turned him into the state of pa,the irs. turned him into them jan 2012, the check issue was in dec 2011, copys of paycheck returned as nsf,copy of payroll stub showing amounts that were deducted ( and never paid ) trust me- i still have all evidence against him..and 2 other ex employees did the same as i did,

 

[pac72]

seeing the dept of labor is pressing the charges-i should be able to attend the hearing ? i was not notified by them- i just routinely check the pa courts ujs link searching his name.

copy/paste of publically available info


Defendant Gibson, Shaun
Affiant Pa Dept Of Labor & Industry
CHARGES
# Charge Grade Description Offense Dt. Disposition
1 43 § 872 §§ A2 S Willfully Fails or Refuses to Make Any Such
Contribution or Other Payment Required
11/27/2012
DOCKET

 

[pac72]

update.. the dol has finally pressed charges against mr non paying pile of steaming doo doo and his co owner girlfriend.. guess he kinda hung himself after he actually made 2 payments to me on monies owed.
but seeing how the last one was this past feb hes breaking the payment agreement again between him and the dol investigator. court date the 17th this month for amount still owed , and the $500 in punitive damages allowed per pa law.. and the hearings in front of the magistrate that a month ago heard case against him for non payment of rent ( which of course he paid after court ordered to ) ..
so finally after almost 2 yrs..ill be rid of chasing this guy..
ill update after court hearing..

 

[pac72]

of course the steaming pile of excrement postponed hearing for another month... the dol investigator has contacted the dist magistrate and asked him to dis allow any future postponements... as he has a long history of postponing .. why go to court now ?? postpone it for months..so if im repaid AT the hearing... it will only be over 2 years to collect my last pay..

 

[pac72]

as expected. ex employer was a no show, which means default judgement for the state dol (on my behalf ). the dol investigator said next step is in hands of legal dept in Harrisburg. im wondering if will opt for criminal charges next, or let it go at civil judgement level ?