Legal Question in Business Law in Illinois

A pay check that bounced

What recourse does an employee have when their employer's pay check is returned do to non-sufficent funds?

Asked on 11/19/06, 2:41 pm

1 Answer from Attorneys

David K. Staub Staub Anderson LLC

Re: A pay check that bounced

You obviously have the right to be paid. I would first discuss the problem with your employer to make sure it was not a bank error or accounting mistake within the company.

If a discussion with the employer doesn't solve the problem, you have, in effect, not been paid your wages. You may file a claim with the wage claims division of the Illinois Department of Labor.

In addition, since the employer bounced the check, you may be able to pursue a claim under 720 ILCS 5/17‑1a (Civil Liability for Deceptive Practices). A person who issues a bad check and who fails to pay the amount of the check within 30 days following written demand is liable, in addition to the amount owing upon the bounced check, for damages of treble the amount, but not more than $1,500, plus attorney fees and court costs. I know of no reason that employers would be excluded from that provision. Be aware that the notice requirements are very specific.

David K. Staub, an Illinois business attorney

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Answered on 11/19/06, 5:44 pm

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