Paychecks started bouncing where I work 2 weeks ago, along with general ledger checks, which included 2 checks to E.D.D.

My boss has neglected to pay fica taxes, and sale taxes.

Checks to our vendors have bounced once(which now total over 12k) and have not been replaced with cash or cashed yet, and I am wondering how he is gonna cover the payroll checks this coming week which will be dated 12.26.08.

Fortunately, I am the bookkeeper and can go online to see how much is in the bank account at any moment. So usually on Friday and/or Saturday mornings, I check online to see how much is in there. If there is enough in there, I run to the bank and cash my check for cash.

The other many employees do not have this luxury. And I soon worry that soon I will not be able to even cash my check.

Everybody in the company is aware that the bank balance is extremely low due to the bouncing payroll checks.

Bottomline, if the boss's bullsheet continues, nobody is going to be able to cash their payroll checks. It looks like he is planning to do a bankruptcy. and if that is in fact what takes place, all of the employees could get screwed out of 2 weeks of pay....

I guess my question is, "If 20 employees cannot cash their paychecks do to lack of funds in the account, when to we walk out of the company over to the E.D.D. office to file for unemployment and legally collect?"

I see myself getting screwed out of 2 weeks of pay, so I am thinking to prevent this, I should ask him if he will sign my payroll check on Monday and give it to me on Monday to cash, so I don't have to wait til Friday to get paid for last week's work. This way, I get paid on Monday for the week before when I would normally have to wait til friday to get paid(And then what I do is switch the date on the check in the computer).

Thank you for any suggestions?

Don't know, but all 20 of you "running over" to EDD and filing claims will not get you paid immediately. Even a clean UI claim takes a minimum of 4-5 weeks. And an unpaid wage claim at LEAST that long.

Pattymd:
Thanks for your reply.

Unless my new boss/owner comes up with $100k in next 2 weeks to put into his business, it is down the toilet. I foresee myself collecting Unemployment til I can get another job.

If the business is still afloat in 2 weeks from now, I foresee me holding an uncashable payroll check(due to nsf) in my hands on a Monday that was given to me 3 days before on a Friday, with that Friday's date on it(for working the week before).

Lately, I have gone online on Friday morning(realize, I am the bookkeeper) at work to see if there is money in the account, and if money is there, I go to the bank and cash my check on Friday morning at 9am.

So, I foresee on possibly January 5th, a Monday, I might be standing there at work at 8 am with a check in my hands that I cannot cash at the bank. This check will be dated Friday, Jan.2 for work I did from Dec.21 to Dec.27. So this is 1 week of work I had not been paid for as of yet.

Now, this on Monday, January 5th. I also have not been paid yet for work that I did from Dec.28 to Jan.3.

And I look at the humungous folder with all the accounts payable in it, plus the boss has not paid the Oct or Nov sales tax, he owes the irs over 20k in payroll taxes, plus...plus plus...he ain't even paid 1 of the December store rents as of yet, which total $65k. He is bs...ing everyone, including the landlords, that he will come up with the money...

So I say to myself on this Monday morning, I ain't been paid yet for 2 weeks of work that I did for this SHIXHEAD, why should I work more 1 sec for him and expect to get paid for it. And there are 20 other employees in the same boat.

Besides, if he does a bk, the question is "Will we ever get paid?" and "How long?".

What if each one of us called him on his cell and told him we are at work, we are punched in, but we are all feeling very sickly because we have not been paid for 2 weeks of work we did for you, so we are just barely going to be able to do our jobs today.

Or, as 1 employee said, why don't we do a 1 day walkout.

Or I could just tell him on January 5th, I am here to work, I am punched in, but I need you to pay me for this check in cash this morning.

What I would really like to do is tell him I want to be paid on Fridays for that week I just worked. This way if my check does not cash due to nsf, I only get screwed out of 1 week of pay.

I will call E.D.D. today to see what they say.

I appreciate any input...yes, I have been told I have 2 choices. And yes, I have an attorney.

Thanks,
Give Me A Break