what to do with a cheque you think will bounce??

[quantumleap]

Ok, all you knowledgable mamas, I don't even have the terminology to ask this question, so I really need some help! haha.
Dh has been working for the most unethical people on the planet, has found a new job, and is already in the new city, working at the new job, while I deal with packing, moving and all the little details of such things. Basically, dh hasn't been paid for the full month of September and part of November, and bosses are threatening to simply not pay him at all. This is all complicated by the fact that there was no signed contract for that last month, only a verbal agreement. Anyway, dh has repeatedly called, emailed and left messages at their office to no avail. He is now four provinces away, and I am stalking them. I went to the office today and they refused to open the door, pretended they weren't there, yadda, yadda. (ok, how do people become grown ups and still think this is acceptable behaviour?!?!) Anyway, my plan is to simply walk in and very calmly state that I am there to pick up dh's pay cheque and then to not leave until they get sick of me and give it to me. The thing is, we're pretty sure that if they do write him a cheque, it will bounce. So, is there a way to put some sort of hold on it, so that as the funds go into their account, we will get the money? Any other alternatives you can think of?
I have an uncle who is a supreme court judge, and I am tempted to ask him to write a letter for us, thinking that the legalese and postition might scare them into paying up, but I hesitate to contact him about it because I don't know if that is ethical for him and I don't want to put him in that situation. Plus, legally, I don't think we have a case at all due to the unsigned contract. But, ethically, they just need to pay him the pitiful salary they owe him. Help?
TIA
Katia

[oldgirl,newtricks]

Well, first off, I don't think the employer has to deal with you at all. You are not the person they would write the check to, but say they give you one. You go to that bank and verify there are funds to cover the check in that account. I think that's about all you could do. You can't control their account in any way and if the check is bad it will just bounce, so by verifying the funds are there, you can save yourself the cost of a bad check.

If my employer evYer gave my paycheck to my DH, they would be in big trouble! YMMV in Canada.

[AprilDaisy]

Once, at a company many years ago, hubby worked for a week or so and they were having fund issues. I went to the office, they said they didn't have any money. I said, I couldn't go get hubby if I didn't get his check because I needed that money for gas. They gave me a check anyways. I then went to the bank and pleaded with the bank lady. She informed me they had no money in the account. I'm like, "lady, if I don't get that money, have no way of getting back to my husband to pick him up from the job he was on with these people and he'll be stuck out there...and out there was a good, long drive". She approved for me to cash it. I was desperate and probably looked it. It was probably a less than $200 check though.

Not sure they'd do that for you though...just that that was the situation I was in and what happened with me and hubby. Hubby quit that job and went on for other, paying, jobs...

I really don't know what to tell you in this case...

[BathrobeGoddess]

Take it straight to the bank where the funds are written and cash it there right away!

[quantumleap]

I'm bummed there isn't more I can do! I'm off to visit their office again today. Maybe they'll open the door.
old girl, new tricks - I hope they don't think like you do! DH is in remote northern Canada, and this pay cheque needs to be deposited to our joint account so that I can afford the 7 day drive to get to him for Christmas after I finish writing my exams, and so that he can afford to connect utilities at our new apartment. Obviously, he can't just go to their office and pick it up, so that's where I come in. I just have nightmares about them saying, "Oh, well, we'll mail it then", because I know they won't, even if they say they did.
Unethical people make me angry. Very.
Anyway, thanks for the suggestions.
Katia

[sapphire_chan]

Your dh should be able to authorize you to get the paycheck over the phone.

I don't think they'd go for it, but I'd be tempted to make them go to the bank and get a cashier's check.

I'd be prepared to file a claim with your department of labor for the wages earned.

[kathirynne]

Originally Posted by BathrobeGoddess

Take it straight to the bank where the funds are written and cash it there right away!

[quantumleap]

I'm totally rattled right now. Whoa.
I went to the office, and they refused to answer the door, but I just stayed there, and rang the bell again every few minutes, and they ended up coming down to yell at me because they are loosing clients and money without dh around. Well, yes, that's what happens when you pack someone's stuff up and throw it in the hall and then change the locks because someone told you your employee was looking for other work - they typically don't work for you anymore. They claim to have mailed the cheque out on Sunday, which I don't believe, but I guess we'll wait and see. The drama! I had to take some rescue remedy, my heart was going to explode right out of my chest!
We are invetigating the complaints process with the labour board. I didn't even know there was a labour board until not too long ago. I wish I wasn't in a position to need that knowledge.
Katia

[Vellorian]

Originally Posted by BathrobeGoddess

Take it straight to the bank where the funds are written and cash it there right away!

This is the correct answer. I had this happen with a company I used to work for. We'd get paid at 11:00am. I'd be at the bank by 11:30 cashing it at the bank where the check is drawn. Once they refused, so I went to another branch of the same bank, where they cashed it.

[oneKnight]

Most banks will cover a bounced check up to a certain amount, then when the funds are there the bank will deal with taking the money (and the fees) from the check-writer.
As the check-casher, you should be able to get it cashed if you move quickly, like the pp who went as soon as she got the check.

[RiverSky]

Originally Posted by selkat

We are invetigating the complaints process with the labour board. I didn't even know there was a labour board until not too long ago. I wish I wasn't in a position to need that knowledge.
Katia

I was going to suggest going to the Labour Board, since you are in Canada. They will send a letter to your DH's ex-employer notifying them of your complaint. Chances are, that will be enough to ensure that they pay him ASAP. If I were you, I'd call them immediately, or go to their office and see what they suggest. Since you highly doubt the cheque was mailed out (or why would they have hesitated opening the door?), I would think the sooner the Labour Board can get on it, the better.

Next, I think Small Claims Court would be warranted.

[Trac]

Hi Selkat, former banker here. Assuming that you get a cheque in your hand, you can go to the bank where it's drawn, but they won't "cash" it for you if *your* name isn't on the cheque...unless you and DH have a joint account at the same bank. You can go into the bank where they deal and ask if the funds are there to cover the cheque, but that doesn't guarantee that it will still be there by the time the cheque goes through. If you can just deposit the cheque and not spend it for a couple of days, then you'll know if it's good and you won't have cheques bouncing all over town! If it is returned NSF, ask your bank about sending it "on collection." There is a fee, and I don't remember what it was, but your bank will send it to the bank/ branch that the cheque is drawn on, and the account will be monitored daily. When/if enough money lands in the account, they will withdraw the money, certify the cheque and send it back to your bank. As long as the company doesn't put a "stop" on the cheque...then you're screwed. Hope this helps...and hope I'm remembering...it's been 8 years! Good Luck!

[Ruthla]

If they DO write you a check that bounces, can't you press criminal charges for Fraud against the person who authorized the check?

[GoddessKristie]

We live in Indiana, so I don't know how the rules are up in Canada, but were in a similar situation. We were under a verbal agreement with a former employer and he did not pay us, so we filed a claim with the dept of labor, and they said we have to file a small claims suit because it was a position that is typically in a contract agreement. So, they said it should be an open and shut case because Indiana is called a right to work state, and they can not legally withold your salary for any reason. I hope the laws are the same there, I really don't see why they would be any different anywhere.
I agree with pp, if you do recieve a check from them I would take it to the bank it was drawn on and cash it immediately. If the funds are not there, you will recieve the check back and can go straight to the court house and file a complaint, and they will have to pay you, plus fees at their bank, plus the court, or they should get arrested (again, that's how it goes here, so I hope it's the same there). Definatly do not try to deposit that check into your bank account because you will incurr fees if it's not there, just try to cash it outright at their bank.
Good luck, and I hope they really did send you a check so you don't have to go through any more.
Keep us updated!