Legal Question in Employment Law in Florida

Employer wrote me a bad paycheck

Same old story, right?

My (former) employer wrote me 2 bad checks. I went through the proper channels and now am having him proscecuted. However, he is trying to get out of paying it because I was in a sales position and was working on 100% commission and these were draw checks that came back NSF. My position is, he wrote me the checks, he signed them, and let me deposit them into my account, he is now responsible for paying me for these checks. He is telling me since they were a draw against future commisions he doesn't owe me the money for these bad checks.

Is there anyone that might have an answer for me?

Asked on 11/09/07, 9:49 am

2 Answers from Attorneys

Keith Stern Shavitz Law Group

Re: Employer wrote me a bad paycheck

The employer who wrote the bad checks can be sent written notice giving them Thirty (30) days from receipt to tender payment in the full amount of the checks that were dishonored, plus a service charge of Five Percent (5%) of the face amount of those checks. If that is not paid, Florida law does provide for recovery of Three (3) times the amount of the dishonored checks potentially, plus any court courts, reasonable attorneys’ fees, and any bank fees incurred in taking said action. The separate dispute about whether the commissions were truly due to begin with is a different argument the employer would have to make because it wrote the checks.

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Answered on 11/09/07, 9:56 am

Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Employer wrote me a bad paycheck

You can demand triple damages by a form of letter under the civil theft statute. You would need an attorney. If you would like to call me, please do so.

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Answered on 11/09/07, 12:31 pm

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