Employer sent White paper instead of pay check?
I quit my former employer. He owes me two weeks salary. He was furious that i left his company as he would lose the commission he was getting from my software consultation work. He cursed me and called me names and refused to pay. Then out of blue, he sent a Fedex envelope that said, "Pay check". There was nothing inside except white paper. When I called him he hung up the phone first time. When I called him again, he said, he has already paid me and he has proof for that. I filed a case against him in small claims. Now he has sent the Fedex info and copy of ADP pay roll register to the court claiming he has already paid and taxes have been deposited to respective agencies. I already reported to labor dept too
How would i prove that he didn't send the check. Regarding the pay roll register copy, I guess, he has scheduled the payment through ADP and cancelled it. Can I prove that he didn't pay Fed and state tax as he claimed. How would I get that information from IRS and state?
Answers:
What a jackass. I'd just write it off and be glad to be done with that kind of low-life.
wow that sux..sorry bud cant really say much
If you haven't deposited the check, and he hasn't direct deposited the funds in your account, I think you will be fine. You might want to check with your state controllers office and see if he sent the money to the state. I left an employer the same way, and found my last check on the state controllers office web site and I just sent in a claim form and they mailed me my money. Too bad we have to go through this to get our moeny, but if he did this I believe it's legal. He will just say he didn't know where you were. JERK!
Here is probably the only thing you can do. Tell the judge the situation. Ask to see the record of deposit or cashed check. If he is holding the check, he can't show proof that you got the check. Tell the judge you will pay the $25 to cancel the original check if he writes another check on the spot. Since the other guy won't lose money, chances are the judge will agree to this. You are already losing more than that spending your time in court.
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How would i prove that he didn't send the check. Regarding the pay roll register copy, I guess, he has scheduled the payment through ADP and cancelled it. Can I prove that he didn't pay Fed and state tax as he claimed. How would I get that information from IRS and state?
Answers:
What a jackass. I'd just write it off and be glad to be done with that kind of low-life.
wow that sux..sorry bud cant really say much
If you haven't deposited the check, and he hasn't direct deposited the funds in your account, I think you will be fine. You might want to check with your state controllers office and see if he sent the money to the state. I left an employer the same way, and found my last check on the state controllers office web site and I just sent in a claim form and they mailed me my money. Too bad we have to go through this to get our moeny, but if he did this I believe it's legal. He will just say he didn't know where you were. JERK!
Here is probably the only thing you can do. Tell the judge the situation. Ask to see the record of deposit or cashed check. If he is holding the check, he can't show proof that you got the check. Tell the judge you will pay the $25 to cancel the original check if he writes another check on the spot. Since the other guy won't lose money, chances are the judge will agree to this. You are already losing more than that spending your time in court.
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