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Old 01-16-2013, 08:31 PM
 
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Default Quit due to bounced paychecks

I quit my job because my paychecks kept bouncing. This is the reason I put on my UI claim.* What are my chances of receiving UI?* I have some documentation. I don't know if he even paid into unemployment. if that's the case, am I up the creek?
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Old 01-17-2013, 12:35 AM
 
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It can be good cause, but there's stuff some or maybe all states require to pull this off.

As an example, AZ's regulation on the topic is worded like this:

2. A worker has the right to receive his wage in the proper amount and when due. It would be unreasonable to expect him to continue working unless he is reasonably certain of being paid for his services. Thus a claimant would leave with good cause connected with his work; when:
a. The employer is repeatedly late paying his wages;
b. The claimant is repeatedly paid with checks drawn on insufficient funds even if restitution is made.
3. Isolated instances of late payment of wages, or payment of wages with a bad check when prompt restitution is made will not establish good cause for leaving.

The problem is that nowhere is "repeatedly" defined nor "isolated." Is "repeatedly" 2, 3, 4, or 10? Is "isolated" once a month, once a year or once every 5 years? You can see the problem you run into with a case like yours. It's a maybe.

Also, you didn't list your state, the number of times it happened, nor how quickly the employer fixed things if they even did, and it probably wouldn't matter. If you get an adverse decision, file an appeal request, and do your homework to see if you can slant things to your favor during the next round.
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Old 01-17-2013, 12:40 PM
 
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Thanks Chyvan for your quick response. I live in California. Yes, definitions are tricky, but since November of 2012, 3 paychecks have bounced usually taking about 2 weeks to resolve. My last paycheck from 12/28 still hasn't been resolved. That's not counting what I'm still owed (one more pay period) since I've quit. Every pay period, checks bounced. Not always mine. It was nerve racking to try and hoof it to the bank before the other employees to get whatever was in the account. Believe me, everybody he owed had the same idea, vendors, et al.
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Old 01-17-2013, 12:44 PM
 
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For proof, try to get copies of your checks that had trouble, or if you got reversal notices from the bank, present those too.
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Old 01-17-2013, 03:34 PM
 
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Get proof from your bank of all the bounced checks. Explain that you have rent to pay, ext. I believe you have a case. 3 bounced within three months seem unreasonable but I dont know how inconsistant the bounced checks have to be. When you have your Interview, explain that you have all the proof and stress that you didnt wan to quit, but you werent garunteed your pay due to your checks bouncing. If your denied, then appeal. You would more than likely win as long as y9ou have proof.
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Old 01-17-2013, 04:00 PM
 
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Thanks for the input rob3gd and Chyvan. Proof shouldn't be a problem. Does he (my boss) have a chance to answer? What would most likely be his defense in your opinion?
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Old 01-17-2013, 04:07 PM
 
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Don't worry about your boss. I suspect he has bigger fish to fry with a business that sounds like it's failing.

The copies will pretty much make any claim that it didn't happen as much or for as long as you said it did fall on deaf ears.
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Old 01-17-2013, 08:39 PM
 
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Good point. Thanks for the reassurance. Best I can do is try I reckon. My gut tells me he doesn't have much of a leg to stand on. Although I still wonder (given his record) if he even paid into unemployment and how that might affect things.
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Old 01-17-2013, 10:26 PM
 
3,301 posts, read 3,535,310 times
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It might slow things down for you at the worst, but him paying his taxes is not your problem. If there are no wages reported by him for you, they will allow you to submit your pay stubs as proof of wages, and they will go after him for the taxes, and you'll get your UI checks if you're found eligible.
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Old 01-18-2013, 12:50 AM
 
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Ok, that's a relief. Thanks so much.
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