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I apologize ahead of time for this long winded account. I need to give the story because I need advice on the next step.
I work for a small company. I've been there for 4 months up until a week and a half ago, I was loving my job. The payroll company my employer uses, delivers the checks via UPS every Thursday. Anyway, On Jan. 10th, I received my paycheck like usual. I did not have time to go to bank that day but had my spouse go and deposit it the next day (Friday). My bank is the same as the company uses so they have always treated my paycheck as cash. As my husband hands the deposit slip and check to the teller, she tells him she cannot deposit it and was not able to give him a reason. So my husband texts me at work with this info. I then checked with the administrator (who also happens to be boss's wife). She said the company is always short on cash this time of year and asked if I could wait until Saturday. She also said she had just moved money from another bank account into the payroll account and it had not cleared but should cover all paychecks by then. I said, "I'll wait until Monday" just to give her wiggle room.
On Monday Jan 14th, my husband goes to bank again with deposit slip in hand and check but this time the teller puts it through. It was just in time because our mortgage and other bills were due the next day. I paid them without another thought. On Wednesday the 16th, my husband got notification from our bank that there was an overdraft fee posted and our account was in the negative. I immediately panicked but knew at that very moment my boss's wife had lied to me. I called the bank to make sure there was no error and there was not.
The next day (Thursday) I approached her and expressed my concern. She knew I was NOT happy and gave me my check's worth + overdraft fee in cash from the cash box so that I could go to the bank right away. When I got to the bank, I spoke with the branch manager and was told that this was a regular occurrence with this employer. He said that other employees from the past, would first check with tellers if the funds were available and if so, then cashed their checks to deposit to their accounts.
The rest of the day, my boss kept apologizing promising it would never happen again. I was so disgusted by the whole thing. It was rough day but here it was again- a Thursday, a normal payday. Where were the paychecks? UPS never showed up with paychecks like they usually do. Already anticipating a repeat, again I approached her and asked her what was going to happen with paychecks due that day for the previous week. She said she was working on the paychecks at that moment and would give them to us later that day. Before I left, she gave me and other employees checks equivalent to what our payroll checks would've been, but she asked us to wait until Saturday to deposit it. She did this to buy herself some time. She said she was going to move more money and that she and my boss had applied for a line of credit and thought it would go through by Saturday. Already I knew she was lying but I said ok.
So yesterday a co-worker who also received a check, went to the bank (same one they use for payroll) to check on her paychecks (she has 3 she has not been able to cash/deposit). She attempted to deposit the smallest of the three and was told she could not deposit it as the account was negative. Needless to say, I never attempted with my check because I know the outcome would've been the same.
I know I need to find another job ASAP but my question is, do I just not bother returning on Tuesday (we are closed tomorrow for holiday)? Or do I keep working for free until I find a job, then leave without notice? I am so uncomfortable and cannot look these people in the face. I know it will be difficult to do my work and avoid them, especially because I know they will apologize 10 hundred times. These apologies are hollow and make me sick to my stomach. Please advise. If you've read this far, thank you.
I agree with everyone else, cover your butt but report them. I don't know if I'd speak to coworkers to get them on board. They could be mad you squealed. I believe you said some have checks they've never cashed. Those are the one I'd speak to.
What kind of work is it? Do you think they're mismanaging money?
I would return to work due to a fried of mine in a very similar situation.
I will explain:
On Tuesday (when you go back to work) you will be Looking For work WITH a job. (Always easier to find one with one)
This far they have paid you, and "made good" on the overdrafts.
That's exactly what's been happening to my friend, but he has also had the bank "pull back" the money after it was deposited. (Don't ask me about how that all works)
So he switched banks (he also banked at his employers bank)
Now he goes to his old bank and cashes his employers check.... And deposits it as cash in his new bank.
No more thinking it's there and it's not.
The cycle of late payments has continued, but he's gotten paid and this has allowed him to continue to pay his bills for the MONTHS he's been looking for a job.
And he hasn't had to take any crap job to pay bills, but can look for a good job (often on the clock.)
And whenever the pay gets screwed up he gets 1\2 a day off (paid) to "straighten it out at the bank" and goes job hunting on the clock!
t
If you had a fully funded security fund.... Perhaps, but a missed paycheck hurt you, so don't throw away an income source, even if it's late!
(Now if you go a week without it.... I wouldn't show up, difference between late and overdrafts covered and working for free.)
I would return to work due to a fried of mine in a very similar situation.
I will explain:
On Tuesday (when you go back to work) you will be Looking For work WITH a job. (Always easier to find one with one)
This far they have paid you, and "made good" on the overdrafts.
That's exactly what's been happening to my friend, but he has also had the bank "pull back" the money after it was deposited. (Don't ask me about how that all works)
So he switched banks (he also banked at his employers bank)
Now he goes to his old bank and cashes his employers check.... And deposits it as cash in his new bank.
No more thinking it's there and it's not.
The cycle of late payments has continued, but he's gotten paid and this has allowed him to continue to pay his bills for the MONTHS he's been looking for a job.
And he hasn't had to take any crap job to pay bills, but can look for a good job (often on the clock.)
And whenever the pay gets screwed up he gets 1\2 a day off (paid) to "straighten it out at the bank" and goes job hunting on the clock!
t
If you had a fully funded security fund.... Perhaps, but a missed paycheck hurt you, so don't throw away an income source, even if it's late!
(Now if you go a week without it.... I wouldn't show up, difference between late and overdrafts covered and working for free.)
$0.02
The paycheck that bounced my account was for pay period 12/31- 1/6 (pay date 1/10). They paid me cash on 1/17 to compensate for that one. It was a week late. The check I have in my hands right now (given to me on Thursday), was for pay pay period 1/7- 1/13. The boss's wife asked that we wait until Saturday to cash/ deposit. However, before I got to the bank on Saturday morning, I got a text from another employee that she was not able to deposit her check because NSF. The payroll account is in the negative. So that check is now late. I should've been able to deposit it on Thursday. I'm wondering what the excuse will be tomorrow.
A little background: I'm in NY state and I work for a doctor's office (small practice). There are 10 employees total (on the books). The cleaning lady, a nursing student, and one other per diem person- I believe get paid under the table. I was the only one who got quick compensation/ remedied for my bounced account. The other employees are behind 2 paychecks and one of them behind 3 paychecks (she was away on vacation so they could get away with shorting her).
I'm thinking I will go to work tomorrow and see what the situation is. If no payment for that last check is given or timely payment for the next one, I will report them to NYS Labor Dept. and see if they fire me. Even if they do pay up, I will still find another job. I cannot risk this situation again.
I feel for the OP, its BS when someone breaks a promise (or lies). Your Department of Labor will assist, and even the courts. But, if there's nothing there, all you'll get is another promise and iou.
Something, a lot of people don't think about, is that when an employer breaks a promise, they're also not paying others...... like your withholding taxes to the Fed and State. Something that could cost you that you didn't consider..... a bigger tax bill !@!
I would start looking for a new job ASAP. I wouldn't quit until you have a new job lines up, because even a slim chance at getting paid working for this company is better than no chance while being unemployed. Then, I would document everything, copies of the bounced checks, your personal account statements that show why you went into the negative and incurred overdraft/NSF fees you wouldn't have if your paychecks had cleared. Get it all in writing then go to the DOL and then contact an employment attorney perhaps with a few of your co-workers who have had the same situation. If the company does liquidate, then an earlier post is right, it's like the old days when depositors would make a run on a bank. Be the first in line. If your employer still doesn't pay you, then I'd take them to small claims court. If you can prove your losses through unpaid paychecks, overdrafts, chargeback fees (yes most banks charge you a $30-40 fee for trying to cash a check that bounces), and NSFs, your employer could still be responsible for those damages along with your legal fees and possibly punitive damages.
The paycheck that bounced my account was for pay period 12/31- 1/6 (pay date 1/10). They paid me cash on 1/17 to compensate for that one. It was a week late. The check I have in my hands right now (given to me on Thursday), was for pay pay period 1/7- 1/13. The boss's wife asked that we wait until Saturday to cash/ deposit. However, before I got to the bank on Saturday morning, I got a text from another employee that she was not able to deposit her check because NSF. The payroll account is in the negative. So that check is now late. I should've been able to deposit it on Thursday. I'm wondering what the excuse will be tomorrow.
A little background: I'm in NY state and I work for a doctor's office (small practice). There are 10 employees total (on the books). The cleaning lady, a nursing student, and one other per diem person- I believe get paid under the table. I was the only one who got quick compensation/ remedied for my bounced account. The other employees are behind 2 paychecks and one of them behind 3 paychecks (she was away on vacation so they could get away with shorting her).
I'm thinking I will go to work tomorrow and see what the situation is. If no payment for that last check is given or timely payment for the next one, I will report them to NYS Labor Dept. and see if they fire me. Even if they do pay up, I will still find another job. I cannot risk this situation again.
O.K., New York.
What is your regular schedule payment date? That is the date after working which your employer normally and customarily hands you a paycheck? In NY there are several classification on employee as to when they are required to be paid. Under NY Labor Law 191, you are to be paid as agreed when hired. Unlike manual labor which has a 7 day must pay after earning, your payment date is based on when you normally and customarily get paid. So, if the employer normally pays you every two weeks on the following Thursday, they are considered in violation of 191 on Friday. Based on what you wrote, you fall into the unpaid wages category when they miss a payroll or bounce a check.
Now, under NYS Unemployment Appeals Decision 249.137, when an employer repeatedly (2 or more times) violated payment under NYS Labor Law 191, it is considered With Just Cause to quit your employment and collect unemployment benefits. So long as you can document the payment failures, you shouldn't have a problem collecting while looking for new work. AND, as an added bonus, that same decision also established that you can refuse an offer of work (LL-591) by that employer without it being considered a refusal to work. It is highly recommended to still file a NYS Labor Dept complaint as they serve to prove a violation fot he Labor Law.
So, you just got handed a chance to stay home, look for work (watch some TV, go shopping, hang out, relax) while being paid unemployment benefits courtesy of your employer.
Start looking now and cash all future checks in person at their bank, then deposit the cash into your bank. A friend worked at a company like yours for a few years, first 2-3 checks of 5-6 that got to the bank got cashed. The last few had to wait a few days. Company would literally hand out checks Friday morning then the employees would race to the bank to cash them. They would NEVER tell the new hires about the issue, why help the competition! My buddy would literally waste an hour a week cashing/depositing his check just to outdo his boss's scheme of bounced checks.
Do a job search while you are still employed, that way you'll be that coveted "passive candidate" - recruiters stumble over themselves to recruit passive candidates, discriminating against those who are out of work.
You'll have the choice of being out of work but possibly collecting unemployment - but discriminated against for being out of work
OR
You are not getting paid regularly, and your finances are bad, but you're a "passive candidate" so no discrimination against you.
You're stuck between a rock and hard place.
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She said she was going to move more money and that she and my boss had applied for a line of credit and thought it would go through by Saturday. Already I knew she was lying but I said ok. 
