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Pennsylvania little help please

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  • Pennsylvania little help please

    Hi! This is my first post am I try explain the best I can.
    Well my girl is been working for this company for about 2 years then this company filed bankruptcy for some time now maybe 1 year +-.
    also the company have laid off my girlfriend many times so she start collecting unemployment sometimes the company call her to work only 3 days in a 2 week period…
    Last time she worked was September 4-5 and 6 and she was expecting her payment to be deposited to her bank account (she have direct deposit) on September 14 but they call her the same day and said the company is going to issue a check for “half the hours she worked” on Monday September 17 then on Monday 17 they call in the morning and said that they were going to do it Wednesday September 19 well we waited no worries :|
    Now they said they mailed half paycheck some day that week maybe 20 or 21 or 22 we don’t know.
    The problem is that till today September 30 she hasn’t receive her half of the paycheck (the other half or the second half the company pay her on September 19)
    Then we call the company again September 26 and the HR lady said they can issue another paycheck but my girlfriend has to pay the Stop Payment Fee of $35.
    I don’t think is fair nor right nor legal because my girlfriend has direct deposit and the company is the one that is not making the deposits on time and also is late with the other payment methods.
    My question is what we/she can do. Can we fight this or is better for us to pay the stop fee. What is your recommendation can we fill a complaint with DOL if so what are the steps.

    Thank you so much for your time.

    Edit 1: Pennsylvania.
    First half paycheck maybe lost in the mail.
    Who is held accountable for the stop payment fee?

  • #2
    The employee can try small claims court. It works or it does not. It sounds like the employer is playing games. Having said that, this is likely a bad employer and the only real cure for a bad employer is to find a good employer.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by DAW View Post
      The employee can try small claims court. It works or it does not. It sounds like the employer is playing games. Having said that, this is likely a bad employer and the only real cure for a bad employer is to find a good employer.
      Thank you for the fast reply.
      but do you think we have a case.
      looking at the situation is fair for the employer to ask my girlfriend to pay for the stop payment fee
      oh! and yes she'll start looking for another job soon but what can we do about this because the stop payment fee is $30 and if we go to small claims court probably is going to be more expensive then that.
      again Thank You so much.

      Comment


      • #4
        I do not know if you have a case. What I do know is that the employee was on direct deposit, the employer choose to change the amount and issue a check, and that and only that check was apparently lost in the mail, and the employer is now choosing to impose a stop payment fee. I am somewhat skeptical that the original check was ever mailed in the first place. Maybe never even issued. But I am not a small claims court judge, and they get to make the call, not me.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Originally posted by DAW View Post
          I do not know if you have a case. What I do know is that the employee was on direct deposit, the employer choose to change the amount and issue a check, and that and only that check was apparently lost in the mail, and the employer is now choosing to impose a stop payment fee. I am somewhat skeptical that the original check was ever mailed in the first place. Maybe never even issued. But I am not a small claims court judge, and they get to make the call, not me.


          Thank You so much.
          I guess Monday were going to speak to HR lady if they still want my girl to pay for the stop payment fee we're probably going to small claims court and fill a complain if it is possible.
          again thank you for your time.

          Comment


          • #6
            You also might want to give the PA DLI a call - they should be able to tell you whether your gf can legally be charged the stop payment fee.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Originally posted by cbg View Post
              You also might want to give the PA DLI a call - they should be able to tell you whether your gf can legally be charged the stop payment fee.
              OK! sounds good we will try that also.
              thanks for the reply.

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