Unintentional bounced payroll check to an employee

I'm with a small business in Pennsylvania. One of our employee's payroll checks bounced and they are suing us. The funds were available that day, but in a small window of misopportunity, they couldn't be accessed. We talked with the employee and assured her she the intent was not to withhold her money. She is intent on suing nevertheless. Our questions are: Is this an indictable offence?
What is the definition of a "bad check" and is there a period of time granted to employers to correct the problem?

Thanks for any information you can share.


1 answer  |  asked Dec 1, 2003 12:49 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Make sure employee is paid within 30 days.

There are a number of issues raised in your question, some of which are hard to answer based on the limited facts. You need to clarify what the circumstances are surrounding the "small window of missed opportunity" - essentially, whose fault was it that the funds did not clear?

Your question also does not indicate whether the wages have been paid. This is the single most important fact necessary to an evaluation of your question.

Under the Pennsylvania Wage Payment and Collection Law, you must make sure that all wages are paid within 30 days of their due date, or you may be subject to penalties above and beyond payment of the wages themselves.

If you have paid your employee within 30 days of the date the wages were due, I see no basis for a suit against you. This opinion, of course, is based on the incomplete information in your question, and may change based on facts not set forth in your question.

If you wish to discuss this issue further, please feel free to call me at the below number.

/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  |  Dec 1, 2003 2:28 PM [EST]

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