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Employer stopped payment on check in Georgia

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  • Employer stopped payment on check in Georgia

    I haven't worked for this employer for about a month and a half, but after I was let go, I received checks that were issued to me with the description of "miscellaneous" for severance and other payments due to me. The first check I received like this was honored. Well I received a second miscellaneous check. I received it on the 13th, deposited it into my account. It cleared and everything appeared to be fine. Well about three days later, my former employer stopped payment on the check. Of course by then, bills had gone through and it cost me NSF fees here and there. No one ever notified me that a mistake was made on the company's part and that they were stopping payment. When I called my employer their reply was "you haven't worked for us, what makes you think you were deserving of that check". I explained to them it was a miscellaneous check and it did not read that the check was issued for Regular Hours Worked. She said they would not repay me. I figured at the least they could put the money back and allow me to pay it back. This was a $600 check. They issued the check, mailed it, and stopped payment after about four days of it being in my account. That's about seven days for them to catch a mistake, but they never did. I understand people do make mistakes, but this should've been caught before all this time. Should I have to suffer like this for a mistake that I didn't make? Aren't they required to accomodate me for THEIR mistake?

  • #2
    No, they are not required to accomodate you for their mistake, and if the check was actually issued in error they are within their rights to stop payment.

    I agree that they did not handle things well, but they are not required to allow you to keep the money you were not entitled to just because of a clerical error.
    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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    • #3
      I'm not asking to keep the money because I now know that it's not mine. But after bills were paid, can they not set up something where I can pay the money back... their mistake have caused me bounced checks... in their error are they not required to pay those fees?

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      • #4
        Patty can say so if I'm wrong because she knows more about this than I do, but no, I'm aware of no law that requires them to pay the NSF fees, error or not.
        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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        • #5
          No, there is no such legal requirement. It would be nice of them to offer, but considering that you probably should have known the check was issued in error, I doubt they're going to do that.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            They may or may not be required to pay the NSF fees, depending on whether it was reasonable or not for the OP to think that the check would be honored. If the check was issued in error, and it was clearly in error but the OP deposited it anyway, then no, the company would not have to pay the NSF fees.

            However, if the OP reasonably believed that the check would be honored, then OP could (theoretically) sue for the damages sufferred. See Restatement (Second) of Contracts, Section 90.
            Last edited by grasmicc; 08-27-2005, 12:22 PM.

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