Payroll check stopped

[robcathy311]

What is the name of your state?What is the name of your state? Florida

I was previously employed by a small lawn service. My employer paid me by personal check with payroll written in the subject line. I quit the job because I was getting paid the same amount no matter the hours I worked. I should have been getting overtime since I worked at least 54 hours every week. I picked up my last check yesterday and cashed it. Today my employer called and said he stopped payment on the check. The check was for work I did the week before. Since I already recieved cash from the check what will happen? Will the bank try to get the money from me or him?

I have one more question. While I was working one day the back window in his ancient truck I was using shattered. He says I owe him for the window and that is why he stopped the check. He can't do that, can he? I didn't purposely break the window.

 

[Beth3]

I should have been getting overtime since I worked at least 54 hours every week. That depends entirely on whether you were in an exempt or non-exempt position. The number of hours worked do not determine whether someone must be paid overtime.

Will the bank try to get the money from me or him? I suggest you call the bank where you cashed the check and ask them. Since the "stop payment" was issued AFTER the check was cashed, chances are the employer is SOL.

He says I owe him for the window and that is why he stopped the check. He can't do that, can he? Heck, no.

I suggest you contact your State's Department of Labor/wage and hour division. The questions you need to inquire about are whether he should have been paying you for you overtime, as well as his attempts to hold you accountable for the broken window. Call your bank first though and see how they're going to handle the stop payment. You may well have multiple bases to file a wage and hour complaint.