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bounced paychecks

Post  Hardlabor on Fri Aug 21, 2009 7:26 pm

I saved all my weekly pay checks for three weeks and deposited them into my checking account. Two of them came back insufficient funds.

I provided all the copies of the returned checks and the returned check fees to my account to the temp agency by fax early this week.

They denied receiving them and did not issue new checks on friday this week.

I am tired of dealing with the deceptive and deliberate stall methods.

What kind of compensation am I entitled too?

I have since been layed off by the company due to a lack of customers.

Doesn't Delaware have a law that if I am layed off they have to provide all compensation at the next pay period?
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Re: bounced paychecks

Post  JoeC (McGruff) on Fri Aug 21, 2009 11:29 pm

Yea they do: http://law.justia.com/delaware/codes/title19/c011.html See 1102. Payment of wages on regular paydays. See also 1113. Remedies of employees. There is liquidated damages provision for unpaid wages, that is double damages. So two weeks pay would be four weeks pay if you take them to court and prevail.
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Last edited by JoeC (McGruff) on Mon Aug 24, 2009 3:41 pm; edited 1 time in total
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bounced paychecks

Post  Hardlabor on Fri Aug 21, 2009 11:56 pm

Sounds like a great way to double my wages. How do I sue them for damages?

The avatar expresses how I feel about the company.
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Re: bounced paychecks

Post  JoeC (McGruff) on Sat Aug 22, 2009 12:11 am

File in small claims that is a court of competent jurisdiction, show the judge the bounced checks, cite 1113.(a) A civil action to recover unpaid wages and liquidated damages may be maintained in any court of competent jurisdiction. Make sure you launch the suite for double damages, that is double whatever they owe, also make sure you process service on the registered agent of the company, not your boss.
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immediate response

Post  Hardlabor on Sat Aug 22, 2009 1:47 am

I sent this email to the Company that contracted the Temp agency.

"Two(2) of my weekly paychecks from the Temp Agency Central Staffing have bounced.

Cathy the Secretary at the V&S Delaware facility faxed a copy of the bounced checks to the temp agency.

I was terminated by Johnny last week.

I was not been paid for the owed two weeks at the next pay period.

At this time under Delaware Law I am entitled to Liqidated Damages equal to Double the owed wages.

http://law.justia.com/delaware/codes/title19/c011.html

1103. Employees separated from the payroll before regular paydays.

Also, If not paid by the temp agency V&S is Liable.

1105. Prime contractor's responsibility for wage payments.

I want double my owed wages."


They responded immediately. I will file a claim on monday and report all of them to the Department of Labor. I will get my money and more.
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Re: bounced paychecks

Post  JoeC (McGruff) on Sat Aug 22, 2009 1:57 am

Oh... you wont get double damages from the employer hopefully they will cut a check for the balance, employers don't hand out double damages with out a Judaical order compelling them to. Also I don't think you can take them to court and file with an agency it is one or the other. Court is the preferred venue because of the liquidated damages feature as well as speed in settlement.
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Last edited by JoeC (McGruff) on Sat Aug 22, 2009 2:02 am; edited 1 time in total
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Double wages

Post  Hardlabor on Sat Aug 22, 2009 1:59 am

It will be fun to ask for it. At least the company will give me my wages. I will get damages from the temp agency.


Last edited by Hardlabor on Sat Aug 22, 2009 2:01 am; edited 1 time in total (Reason for editing : full description)
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Re: bounced paychecks

Post  JoeC (McGruff) on Sat Aug 22, 2009 2:03 am

As long as you get your earned wages that is the important part.
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Re: bounced paychecks

Post  mcarson on Sun Sep 06, 2009 7:22 am

Joe, if one were to file in small claims against a corporation, would they file against the corporation or the owner?
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Re: bounced paychecks

Post  JoeC (McGruff) on Sun Sep 06, 2009 12:12 pm

Whoever is the registered agent is who get service processed on. Could be the owner or the corporations attorney.
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