bounced payroll checks

My boss keeps bouncing our paychecks, then takes days, even weeks to make good on them. Can we insist on direct deposit, certified check, or pay in cash? Is he breaking any laws?

1 answer  |  asked Jan 26, 2009 10:25 AM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
You can insist on wages being paid, but cannot force direct deposit.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, you can insist on wages being paid, but cannot force direct deposit. Failure to pay wages on the regularly scheduled payday is a violation of the Wage Payment and Collection Law (WPCL). The WPCL does not require, however, that employers who bounce checks must pay via direct deposit, etc.

Such a requirement is unlikely to help you, however. If the check bounces, there is no money in the account; direct deposit wouldn't help, and a certified check wouldn't be issued without money in the account. It sounds as if your employer is giving out paychecks knowing that they are going to bounce.

You can, of course, quit if your employer won't pay you via direct deposit, etc., but you'll likely find that the payments still aren't being made on time. Situations like this generally indicate that the employer is failing. You should start looking for a job now.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Jan 26, 2009 10:31 AM [EST]

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