Stop Payment on a Paycheck

I work for a recruiting firm that the owner of the company was getting evicted from his building is very derogatory to all his employees and leads by intimidation.

As of Monday everyone in the office resigned we had our final paycheck deposited it and a week later he put a stop payment on the check and I was charged fifteen dollars was ordered to pay back 575 dollars. My Question is it illegal to put a stop payment on a paycheck for money that is owed?

1 answer  |  asked Feb 18, 2007 6:49 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Complain to the DOL and file a small claims action

It is not illegal to put a stop payment on a paycheck for money owed. Illegal, as I use the term, refers to a crime. While perhaps it should be a crime to do that, in the State of Ohio, it is not.

Instead, the law provides several remedies for an employee in your situation. First, you can complain to the U.S. Department of Labor's Wage and Hour Division that the employer failed to pay the minimum wage. You can complain to the National Labor Relations' Board (NLRB), which is also a federal governmental agency, that the employer against the employees for engaging in "concerted action." The NLRB will probably treat such retaliation as an "unfair labor practice charge."

Third, you can go to small claims and file suit for a money judgment. Search for answers for "4113.15" on this site and you will find Ohio's wage payment statute. It includes penalties. You should also be able to recover the overdraft charges resulting from the bounced paycheck.

Under the circumstances that you describe, it is likely that a court will find in your favor.



posted by Neil Klingshirn  |  Feb 19, 2007 12:41 PM [EST]

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