Legal Question in Business Law in Florida

Re: Paychecks constantly bounce

You say your fiance cannot afford to quit to seek other employment, but you are exploring the possibility of taking legal action against his employer. This seems contradictory because if you take legal action against the employer, your fiance will most likely be fired. Can your fiance look for other employment while he is still employed? This would not preclude him from seeking legal remedies against the employer at a later time.

Based on the facts you have provided, there certainly is legal action you can take against the employer. You can sue him for breach of contract for failing to pay the money he owes your fiance. You can also sue on the dishonored ("bounced" or "rubber") checks, as the checks themselves represent an independent obligation to pay. In addition, there is a statutory remedy provided in Florida law that allows recovery of triple the face amount of the dishonored checks, plus your attorneys' fees and court costs. This is true even if the employer did not have actual knowledge that the account the checks were drawn on did not or would not have sufficient funds. In order to do this, there is a statutorily-required procedure you have to follow. If the employer drew the checks knowing there was not or would not be sufficient funds, there are additional remedies available, and the employer might even be criminally liable, but this is extremely difficult to prove. The bottom line though is that there is a lot you can do legally to receive monetary compensation from the employer.

Please contact me if I can be of any further assistance.