employer submited for my last pay check a check from a diffrent named llc that was a cancelled ca llc (2010) and had NSF. Then claims he is not resbonsible . this is not the first time he hides behind llc , is this a crime.
3 Answers from Attorneys
Your employer is responsible for your pay check, regardless of whether he uses an LLC, a corporation, or some other entity. If the individual is indeed your employer, then he is liable.
Knowingly writing a bad check can be a crime under Penal Code Section, if the person writing the check intended to defraud someone.
Your best remedy is before the labor commissioner or small claims court, instead of criminal action. Since this is a final paycheck, you will be entitled to waiting penalties under the CA Labor code.
Best of luck to you.
Take your facts to the Labor Commission and file an unpaid compensation claim, seeking the money owed, interest and penalties.
Take the check to the police and try to get them to pursue it.
The owner could also be personally liable. If he is not paying you on time, is he also not paying overtime, breaks, etc?