NSF paychecks getting to be a habit

My employer (a lawyer) keeps issuing me bad paychecks drawn on his attorney business account. When I take my weekly paycheck to his bank to cash it (I no longer take a chance on depositing it to my checking account)the bank teller may tell me to take the check back to the maker - has happened 3 times already. Then I have to wait a few days to a week and go back and try to cash the paycheck. Do I have to put up with this kind of treatment? Can I just quit and claim unemployment? FYI I have worked at this position for 4 years.

2 answers  |  asked May 8, 2004 2:52 PM [EST]  |  applies to Pennsylvania

Answers (2)

Christopher Ezold
A contract may alter your rights.

As a follow up, I should note that if you have a contract of employment, your contract will control your rights to quit.

Finally, if you don't care about unemployment, and you don't have a contract, you can quit at any time. Pennsylvania is an employment-at-will state, meaning that you may quit at any time, for any reason, with no notice, unless you have a contract that alters your rights to do so.

posted by Christopher Ezold  |  May 10, 2004 2:17 PM [EST]
Christopher Ezold
You can likely quit and receive Unemployment Compensation benefits.

First, I must state that we have not met, I have not reviewed your documents or the facts of your issues other than the short paragraph that you posted on MEL, and that there may be facts or issues relating to your question that I therefore am not aware of, which could significantly change my response. My response is for informational purposes only, and you should consult with an attorney directly if you wish to pursue your issues in the legal system. Finally, you are not a client nor has an attorney-client relationship been created via this website.

That being said, you may most likely quit and receive unemployment benefits. You may quit a job and receive unemployment if you quit for necesseitous and compelling reasons. Not being paid is one of those reasons. However, if your back pay is up to date, I am unaware of any case law that would allow you to quit based on prior late payments of less than pay period each.

If you wish to quit, it would be wisest to quit once a check has bounced, but before your employer makes good on it. Quitting while owed back wages should allow you to collect unemployment while you seek another, more solvent, employer.

If you have any other questions, feel free to contact me to discuss.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  May 10, 2004 2:14 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Edward Lowry Edward Lowry
Charlottesville, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm

more Virginia Employment Lawyers