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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.
Last edited by Allycat4me; 01-20-2019 at 09:07 PM..
Reason: Making paragraphs
If you anticipate the fact that you can’t get your paycheck on a regular basis, then you should simply quit the job. It doesn’t make sense to work for free. However, if you can’t find another job right away, consider working on this job for now, at least you have the option of sue the employer if they ultimately don’t give you your paycheck. The decision is really up to you. If I was in your situation, I would probably go to work, but constantly keep pushing them for my paycheck the minute is due.
Considering how lame many employers are, you are better to continue working there while you look for another job. Because the negative aspects of why you quit without having another job to go to will just reflect negatively on you. I'm sorry, but people in HR are just idiots and they won't understand the situation because most have never been through this before. You also want to stay there because under COBRA, your health insurance costs will increase.
Spend all your time finding another job. When you do, don't bother with 2 week notice because that courtesy no longer applies here.
People always have a million excuses why they can't pay, and that's not your problem. Try not to stress out about it. You will find another job, and you can put this junk behind you.
Do not just up and quit if you want unemployment benefits. You need to lay the ground work as defined by your State's unemployment regulations for a just cause quit. Although most states consider not being paid or being paid with a rubber check as a just cause quit, they all require you to take certain steps before you quit. Not following them can cause a denial or serious delay in benefits.
Not knowing your state, the general rules for missed payment are: document with verifiable evidence such as a written letter or emails to the employer . File a complaint with the state agency responsible for wage enforcement. Check state regulations as to legal required payment date before legally considered not paid. For bounce checks, make sure this was not just a bad error (errors are usual quickly resolved by employer with a payment for any bounce check fee). Maintain all bank documents as proof.
Do not just up and quit if you want unemployment benefits. You need to lay the ground work as defined by your State's unemployment regulations for a just cause quit. Although most states consider not being paid or being paid with a rubber check as a just cause quit, they all require you to take certain steps before you quit. Not following them can cause a denial or serious delay in benefits.
Not knowing your state, the general rules for missed payment are: document with verifiable evidence such as a written letter or emails to the employer . File a complaint with the state agency responsible for wage enforcement. Check state regulations as to legal required payment date before legally considered not paid. For bounce checks, make sure this was not just a bad error (errors are usual quickly resolved by employer with a payment for any bounce check fee). Maintain all bank documents as proof.
This exactly. Check with the DOL to see what grounds are needed. Document everything, put it in a file so you are ready to present proof. They may fire you upon learning you went to the DOL- You will get UI then, which still puts you ahead of working for free.
The company will almost surely close dowm. Payroll issues like this are serious and signs of trouble that cant be fixed.
This exactly. Check with the DOL to see what grounds are needed. Document everything, put it in a file so you are ready to present proof. They may fire you upon learning you went to the DOL- You will get UI then, which still puts you ahead of working for free.
The company will almost surely close dowm. Payroll issues like this are serious and signs of trouble that cant be fixed.
ahh...yes in that case...if you are fired for exerting your labor rights ...add that to your small claims $$$. Thats a nice violation to tack on.
As the employer ...my how delighting it will be for them to Sue the Bank for conversing about their account...be it their assets or debits. Thats a HUGE NO NO in the bank industry. They can only state whether the check in question has been validated to release funds or whether it was returned for insufficient funds.
I recall when working in waitressing....We all showed up at 4 AM to open the business and there was a sign on the door. Closed- Permenantly. We were all miffed. No job, No final paychecks...Only notice was at the door posting. We each filed claim and the DOL said....No funds from the closed entity. Move along. We couldnt get Unemployment as we are the subpar class that isn't recognized since Tips are hard to gage.....But somehow they taxed us!
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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. 
