Paycheck problems

[screamingflea2]

I am in Texas. MY employer has suffered some financial woes due to poor decisions, not the economy. They began asking me to hold my checks for a couple of days before cashing them. It turned into "we'll direct deposit your check when we can". It ended up with me not getting a check at all, no deposits, no explanation, just a "promise" to "get caught up" when they sold some equipment. They recently sent me an email stating that they were sending me 6 of the checks they owe me, and recommended that I take them to a convenience store, liquor store, check-cashing store- basically anywhere I could to get them cashed (anywhere except the bank since there is no money in the payroll account). They are still conducting business daily, angry that I decided to take my vacation days to take odd jobs to find some income for my family. My saving account is exhausted and I am 2 months behind on pay, so hiring an attorney is not exactly an option. I know for fact that my employer has literally millions of dollars in equipment sitting in a warehouse. They say they are trying to sell it all, but there is no real evidence to support that claim.

 

[pattytx]

You can "take them" wherever you want to. It's not their choice. I would, in fact, take them to the bank on which they are drawn. If by some lucky chance there is money in the account to cash them, do it immediately for whichever ones you can. If not (or for the ones you can't cash there), immediately file an unpaid wage claim with the TWC. Like yesterday.

 

[screamingflea2]

Thanks for the reply. I know they are not good at the bank they were written on, so taking them to the bank would be a waste of time. The TWC said they can only collect minimum wage on "unpaid" claims. I make significantly more than that, and am trying to find out how to collect all that is due to me. (If I go the TWC route, I will only be getting about 20% of what they owe me.)
I've got a wife and 5 kids and cannot afford to take that big of a loss.

 

[pattytx]

Then your only other option is a civil suit. Having said that, the phrase "blood and turnips" comes to mind.

Are you still working there?

 

[screamingflea2]

I am taking all my vacation time right now. So, technically I'm still employed there, but I have this week and next before I go back. I was hoping there was another way to resolve this without a civil suit, I don't even know where nor how to begin that kind of thing.

 

[pattytx]

Depending on how much it is, small claims court is an option. Otherwise, you're going to need an attorney. How much are we talking about for which you have received checks that would be NSF if you tried to cash them? As of today.

 

[screamingflea2]

One of the problems is that I am not even receiving checks. I was told that 6 checks would be mailed to me on Monday. As of today they have not arrived in the mail. The total dollar amount I am owed as of today is just under $10,000, not including the one week in arrears. If I finish my "vacation" time off, then go back to work and quit, I will be owed a total exceeding $10k assuming I receive no money between now and then. (They occasionally, randomly deposit money into my account as I mentioned earlier. I do not expect that to happen in the near future.)

 

[screamingflea2]

Just an observation...
I noticed your location is "smalltown, PA"
The owners of my company are from a small town in PA. I think it's funny that I am from Texas and the person who replied to my post hails from the "same place" the people I'm complaining about. If this were a movie, it would turn out that you know them and their families...
Back to reality.

 

[pattytx]

I am from "smalltown, PA" now, but I lived/worked in very large cities from California to Texas to Maryland and now work in the 'Burgh.

For $10,000, get an attorney NOW. The limit for small claims in Texas is exactly $10K. The longer you wait, the more likely the possibility that this company will file bankruptcy and/or go under and you would get NOTHING.

And file for unemployment NOW. It's not that you are "unemployed", but that you are not getting paid.

 

[screamingflea2]

Thanks for the advice. I figured the best way to resolve this was to get an attorney, but I wanted to make sure there wasn't another way.