So here’s my situation. A little confusing. I worked for a sales/commission company over the summer. When I started, I was given a signing bonus of $4000 as extra incentive. I had to sign contract stating I would return the bonus in full if I did not reach a certain sales quota, or face collection and small claims court. After working for 2 months, I decided to pursue other jobs, not reaching the quota. Naturally, I wrote a check for the $4000, returning it to the company.
The area manager typed a letter on company letterhead stating that I [Adam] has returned the $4000 by check [check #] along with the date and both our signatures. Well, after about a month of no action, checking my account daily to see if they deposited my check, they finally call me saying that the check bounced/insufficient funds, and that I had to write them a new check.
The whole time, I had well over the $4000 sitting in that checking account, waiting for the check to clear. In addition, there is no record from my bank of any attempted deposit. I told them to mail the check back to me and that I would write a different check.
SO, here’s my question: Couldn’t they just try cashing/deposit the check again a few days later? Since I have a signed statement from the company saying I wrote them a check back for the $4000, with the exact check number, along with a photocopy of the check, do I have any legal obligation to re-write another check, after destroying the original? They told me they could submit the $4000 bonus to collections or take me to small claims court.
I can produce copies of the original bonus contract and the signed retuning statement if that would help. Let me know any advice.
-A
The area manager typed a letter on company letterhead stating that I [Adam] has returned the $4000 by check [check #] along with the date and both our signatures. Well, after about a month of no action, checking my account daily to see if they deposited my check, they finally call me saying that the check bounced/insufficient funds, and that I had to write them a new check.
The whole time, I had well over the $4000 sitting in that checking account, waiting for the check to clear. In addition, there is no record from my bank of any attempted deposit. I told them to mail the check back to me and that I would write a different check.
SO, here’s my question: Couldn’t they just try cashing/deposit the check again a few days later? Since I have a signed statement from the company saying I wrote them a check back for the $4000, with the exact check number, along with a photocopy of the check, do I have any legal obligation to re-write another check, after destroying the original? They told me they could submit the $4000 bonus to collections or take me to small claims court.
I can produce copies of the original bonus contract and the signed retuning statement if that would help. Let me know any advice.
-A
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