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Question for lawyers here
woodsrunner
Member Posts: 5,378 ✭✭
I know this probably varies from state to state. When does writing bad checks stop being a misdemeanor and become a felony? It looks like I might have another bounced payroll check on my hands. Is it the number of checks written or the dollar ammount? If so I may go talk to the DA's office rather than the dept of labor. I'm single with no family, of everybody in the shop I'm the one that will lose the least teaching this guy a lesson.
Woods
Woods
Comments
Don't assume malice for what stupidity can explain.
However in your case , there was no intent to cash a worthless check was there??[:o)]
"I dont care how thin you make a pancake, it still has two sides"
"A wise man is a man that realizes just how little he knows.
I think you'd have a good case with the guy, if it happens repeatedly like it sounds it's kinda hard for him to deny the pattern. If he really got a new vehicle he could also be planning on filing for hardship, then bankruptcy, and end up keeping everything free and clear (isn't it grand how that all works).
Take him down Woods! [}:)]
2nd question. If the company is a corporation can the person who's signature is represented on the check be held liable, if the bad check was issued with his knowledge?
Woods
"In God We Trust........All Others Go Thru NCIC"
Also when exonerated , the credit reporting outfit will fix your credit report..
"I dont care how thin you make a pancake, it still has two sides"
"A wise man is a man that realizes just how little he knows.
Care to explain that one?
Mateomasfeo
"I am what I am!" - Popeye
"There is nothing lower than the human race - except the French." (Mark Twain)
Woods, the statutes vary from state to state, but intent to defraud would be a key element. In NH, this (fraud through a negotiable instrument) is a felony regardless of the sum involved, but some states may have a minimum amount limitation. Nevertheless, a bounced payroll check will bring very quick action from authorities regardless of the amount, especially if it has happened before; the case (and likely, the statutory) law will distinguish such circumstances from the person who intentionally writes a bad check to buy a TV.
The only reason you might not choose to be aggressive in contacting the NY AG would be the injury to your co-workers if the authorities close down the shop and they are out of work. But if the employer has latex checks, it's unlikely they have much job security as it is.
"There is nothing lower than the human race - except the French." (Mark Twain)
My brother got involved in a deal like this. He didn't get bad checks, he didn't get paid at all.
He was working construction, and one Friday the boss said, he didn't quite have the payroll. He paid the guys half pay, and said, Stick with me, let's keep working and in a week I will have it straightened out. Two men, of the 17 man framing crew, took the money and quit. They were the smart ones.
The next week, it was the same story, half pay only. Four more guys bailed.
The next week it was half pay, and the following week it was no pay at all. My brother and three other suckers were the only ones left, and he wound up never getting his pay, and he was owed $1400. This was 30 years ago, it was a lot of money.
Well I hope you can get money out of this bum, but if he declares bankruptcy, you are screwed financially, and your only [legal] remedy will be to see if you can get criminal charges filed.
When they pry it from my cold dead fingers.
"In God We Trust........All Others Go Thru NCIC"
Rugster
"Toujours Pret"
The check that first bounced was from two weeks ago. This afternoon I went and cleared up that bad check and took it to work where they issued me another plus handed me this weeks check. I'm getting even smarter now and took the checks to the companies bank. They wouldn't cash them. So, I went back to work and informed my dept head. I then told him because my normal friday routine was to cash my check and go to lunch, then order supper out later, I was going home sick. I had no food in me and no means of buying lunch or supper. I also informed him that I would try to cash the check one more time. If it cashed right before the bank closed a 5:00 I would return and work a partial shift. Well it didn't and I didn't. Now I have in my possession a photo copy of the check from 2wks ago with a big NSF stamped on it. And 2 cheks that won't cash. I called the NYS dept of labor and he told me to go put in a claim on thier website. I'll try cashing them one more time in the morning. If they don't cash the ball starts rolling. Now I have a big worry. The check from 2wks ago was a little one because I had only worked 4 days. There was also a check I cashed last week that was a couple hundred dollars because I had almost ten hours of overtime on it. If that one has bounced I could be screwed nbecause I don't have any money left to reimburse my bank with.
Tonight on the way home I realized there isn't a handful of employees left there with families. They are almost all either single or near retirement age.
Woods
"There is nothing lower than the human race - except the French." (Mark Twain)
Did you know I'm a Ma$$hole by birth?? The air force had dad stationed in Mass and I was lucky enough to be born in the Chelsea Navy hospital. Cost dad a whopping $8.00 to get his first son.
Woods