Received 2 NSF checks And still missing 2 more from former employer

[meimei115]

To make the long story short...
I worked briefly as a server for a newly opened family own restaurant. I received 2 bounced checks that still will not clear today (it's been 2 months). The checks totals to $516.96. I am also missing 2 last paychecks that was supposedly mailed out (2 weeks ago). I feel they are stealing from me because my checks includes my tips from customers. I contacted the manager (brother-in-law of one of the owners) of the store on numerous occasions about my situation to no avail. I requested the manager to have the owners to call me, to no avail. I called the Better Business Bureau and they were of no help either! I've left them 3 messages with no return calls. I don't understand why the owners do not want to resolve this with me. I was an exceptional worker. I also did not leave the job on the 1st, but when the 2nd check bounced. I know the restaurant is still in business. My question here is what legal actions can I take here and what are the steps to do so? Please help me out of my frustration!

 

[Michael Wechsler]

File in small claims court - that's the first step. If you want to put some fear into them and hopefully get them to pay you what you think you are owed, then you may want to inform them that you are aware that it is a federal offense to float bad checks as they have been doing with you. You intend to pursue this matter because you also believe they haven't been completely honest with you with regard to your wages. See what they have to say. If it doesn't provide resolution then send a demand letter via a certified method (cheapest is US Post Office, certified return receipt) demanding a certain amount of money for the bad checks, the cost, etc. and that a failure to pay within 30 days will result in you pursuing any and all legal remedies. Then you should file your claim in small claims and make sure to bring your checks with you. You can also file for an amount of tips you believe you were owed. While you will be asked to "prove" the amounts, try to calculate how many people you were served, the average bill, etc. so you at least show effort in estimating the amounts owed and unpaid. The arbitrator or judge may award you everything based upon the bad checks.

If they don't pay... well... we'll get to that if and when that time comes. Best of luck in the meanwhile.

 

[cbg]

The Better Business Bureau is not an enforcement agency and they have nothing to do with employment; there's nothing they CAN do to help you. They are a consumer agency.

I'm not arguing against small claims but I do want to make an alternate suggestion; that is, filing a claim with your state Department of Labor. It's free and it puts the state on notice of what is happening - it also will conduct a full audit of how all the employees are being paid, not just you.

An attorney in your state might be able to discuss the pros and cons of the two possibilities with you.

 

[meimei115]

Thanks for the info. I hate to say this, but I have not pursued my claims in court yet. Will keep you all posted.