Legal Question in Banking Law in Florida

Bad check from employer

My grandson received a bad check from employer for hours he worked. He cashed it at a bank and now the bank is demanding the money returned or civil action will be taken against him. What can he do in regards to the bank and with his former employer? Right now he is in Florida.


Asked on 11/25/07, 5:43 pm

2 Answers from Attorneys
Peter Torrice Canu, Torrice & Zalewski, PLLC

Re: Bad check from employer

The bank really should not have given him the money for the check unless he had sufficient funds to cover it. They usually make you wait for a period of time until it clears. Either way the bank will try to get its money from your grandson through civil action and would probably prevail. Your grandson, however, has a claim against his employer for the money. The first step that he should take is report it to the labor administration through the state. I am assuming this took place in Michigan and this advice pertains to the State of Michigan.

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Answered on 11/25/07, 7:04 pm
Michael Stewart Michael D. Stewart

Re: Bad check from employer

If the bad check was given in Florida your grandson has the choice to file civil or criminal action against the employer. Civil action can make the employer liable for treble damgaes, plus costs and attorney fees. Criminal action can be handled by the state which has a program for situations like this.

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Answered on 11/26/07, 8:06 am


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