Lost/Stolen and short Paychecks Washington

[mzimmer5]

My employer has lost my paycheck. The pay period ended on the 20th it is now the 30th and still no check. I am told to continue to wait as they need to stop payment on the first check. I was given a partial payment through petty cash and am now being told that I only have about 50 bucks more coming. My figures are way different, as I am expecting close to 200 bucks more. The payroll records are not available for employees to see and the managers clock us in and out so I have no idea when the discrepancy occurred. When I call the payroll people they will not listen and frankly are quite rude. I am being made to feel as if I've done something wrong but I just want my money. Most of the employees that I work with noticed that there checks are short as well. We are talking over $100 per employee. The company rep was overheard saying well thats what they get for stealing from me??????????? This situation is a mess and its getting worse every day, what can I do?

Also, as I have not been paid yet I am bouncing checks in my account. Who is responsible for those fees?

[Pattymd]

File a claim with the state Dept. of Labor for unpaid wages.

Who "lost" the paycheck? Was it mailed and you just didn't receive it?

[mzimmer5]

No it wasnt mailed, I was supposed to have recieved at the store, one manager says it is in the stack on top and to check with the other manager, the other manager says she never saw it.

[tarheit]

And as far as the fees on your bounced checks, you are responsible for knowing how much is in your account and not writing bad checks (regardless if you expect to deposit the money before the check can be cashed).

-Tim

[mzimmer5]

I kinda figured id be stuck with the fee's, it just seems unreasonable to penalize me for the companies mistake but I understand my responsibility for the account..it wasnt checks though but rather automated bill payments previously set up...still the same idea?

[mzimmer5]

one more question...should I contact an attorney?

[ElleMD]

There isn't really a need to contact an attorney. For such a small amount, you'd spend more in fees that you'd recover. You can file a claim with the DOL for free.

[Marketeer]

If this is a one-time occurrence, you may want to talk to a bank manager to see if they would be willing to reduce or waive some of the overdraft fees. I'm not guaranteeing that they would, but it can't hurt to talk to someone at the bank, explain things, and see what might happen. If you've been a good customer, they may be willing to cut you some slack.

[Pattymd]

JoeC, guess it kinda depends on the urgency of the matter. If you REALLY needed the money, guess you would take whatever avenue would get it to you the quickest for the least amount of upfront costs (of course, the DOL is zero cost). And honestly, I have no idea which one would.

[turbowray]

Contact an attorney especially if their are multiple party's. D.O.L is the avenue of last resorts. There recovery is limited. Even if the attorney refuses to pursue the claim you can still claim liquidated damages under RCW 49.52.070. for any willful failure to pay compensations,"even in small claims court",as well as court costs. The DOL will only get the amount owed. Liquidated damages are an amount equal to what is owed. For example if you are owed $1000 the court would award an additional $1000 under Washington law. Trust me the employer would much rather deal with the DOL than a judge or jury.
JoeC

I have to say, if there was an option to get double the money, and the poster was sure she could prove the money was owed to her, and that the judge would make the employer pay for court fees, and her attorneys fees, then I would go that route, but if there are no guarantees, I would not want to pay for court costs, attorneys fees, and not having the protection that the DOL would offer, as far as firing when you file a wage claim. It is a tough choice here! It is my understanding that she can go through the DOL, and if they do not recover what she feels is owed, she could still take the employer to court. EllieMD, is this true??

[Pattymd]

I believe some states require that the attempt first be made through the state (or federal) DOL before private legal action can be brought. The OP would be best served by contacting the state DOL and inquiring there, however.

[turbowray]

I believe some states require that the attempt first be made through the state (or federal) DOL before private legal action can be brought. The OP would be best served by contacting the state DOL and inquiring there, however.

Thank you for your answer!

[mzimmer5]

OK, thanks everyone. I did recieve my paycheck yesterday evening , and oddly enough it was correct. I guess accidently leaving the L&I complaint form on the bosses desk was enough to get my point across. Youve all been great help thanks again

[turbowray]

Oh that was easy enough.
JoeC

Tee hee, a very convenient accident!