My employer is holding our paychecks(we get paid bi-weekly on Friday) until AFTER the bank has closed due to the abscense of funds in his account. We were instructed to cash said checks at places like the Wal-Mart money center and various check cashing agencies and it was stated that by the time the checks went thru there would be money in the account. These checks have then since bounced.

We are due to get paid again today and my guess is that this situation will happen again.What is the legal standing on not receiving paychecks in a timelly fashion and on the issue of not being able to cash said checks at the bank they are drawn on?

Looks like with Mississippi, there is little recourse within state wage payment law (which is virtually nonexistent in your state). However, issuing checks which are knowingly not negotiable when given to the payee is, to my recollection, a crime. But there is no law as such regarding cashing it "at the bank it is drawn on"; there is no legal right to be able to do that of which I have knowledge.

It's not illegal to not give you the checks until after the bank closes; theoretically, it's pay day until 11:59 p.m. However, if the check bounces, you have not effectively been paid.

You can call the state DESC, but it's very likely they will refer you to the federal DOL to file a claim for unpaid wages.

In the meantime, I'd be dusting off the resume and looking for a more financially stable company pronto. If this guy can't cover payroll, I wonder how long he will be in business.

Didn't realize this small business was like this when I began working for them in September. This small company has one c-store and a franchise on 4 Subway's inthis area and emplooys about 50 employees.

I have access to the cash register as one of the cashier's at the c-store. If I cash my check from the cash drawer is this considred stealing and can i legally be held accountable for this? At one time we all were cashing our checks at the c-store but supposedlly the account for this business has since advised the owners to not do this. FYI...this was right before the paychecks started bouncing.

Didn't realize this small business was like this when I began working for them in September. This small company has one c-store and a franchise on 4 Subway's inthis area and emplooys about 50 employees.

I have access to the cash register as one of the cashier's at the c-store. If I cash my check from the cash drawer is this considred stealing and can i legally be held accountable for this? At one time we all were cashing our checks at the c-store but supposedlly the account for this business has since advised the owners to not do this. FYI...this was right before the paychecks started bouncing.

If I were the company, I would prohibit cashing paychecks from the register. It depends on the company policy. Theoretically, without prior authorization, I can see where it could be construed as stealing. That's not what the register is for.

Even though I was instructured to do this (cash said check from the cash drawer) 2 weeks ago when their bank refused to honor the payroll check ( and I flat rufused to go to one of the check cashing agencies and PAY to cash the said check.)?

Have a question on this also...is it legal for this small business to instruct us or require us to go to one of these check cashing agencies to cash said paychecks because their bank won't honor them?

By law when are the funds for payroll checks suppossed to be available?

If I call the district attorney or local law enforcement about this matter and I am dismissed does this give them grounds for dismissal?

You're really getting into detail now that I'm not sure I'm qualified to answer. However, I will say that reporting a payer of checks for which the payer's bank will not process due to NSF is a violation of law and, under public policy standards, the activity is protected. Having said that, though, the company can fire you for some other "stated" reason and you would have to file a wrongful termination case in civil court to get the issue heard.

Is it legal to request that you go to a check-cashing place? Sure. Is it legal to require you to go there and nowhere else? No. But again, that's because of laws regarding checks, not wage payment laws.

By law, ANY check that does not have funds to back it up when issued is a "fraudulent check" under the law.

The paychecks that this company issued yesterday cannot be cashed at any of the agencies in the city as this company is on a "no cash" list with said agencies. Funds may be available at their bank sometime next week but not even certain of this.

What legal recourse do we have for this?

In addition there was one employee that worked only one day--a 9 hour shift---on December 13,2007.She has yet to receive a pycheck for this time. Each time she has asked about it she has been told it would be the next pay period. What should she do to get her pay?

As I've already stated, Mississippi is very weak when it comes to wage and hour and wage payments laws. She can contact the DESC, but it's likely they will refer her to the federal DOL to make her claim for unpaid wages. She also might be able to file a small claims action.