Hewitt Salvatore Sues Legacy Land Management Over Bad Payroll Checks

What can I do if my employer’s payroll check bounces?

The law offices of Hewitt & Salvatore, PLLC have filed suit against Legacy Land Management for a recent series of bad payroll checks written to their employees at Jim Justice coal mines.  In addition to receiving bounced payroll checks, employees also experienced returned check fees, late payment fees, canceled insurance premiums, and even contempt proceedings against them for the company’s failure to remit child support withholdings. Our attorneys are well versed in the applicable state and federal employment laws and have a well-earned reputation for helping our clients wage and hour claims with their employers.

How to Resolve Bad Employer Payroll Checks

At this juncture, it is unclear what caused Legacy Land Management to issue bad payroll checks. Nonetheless, this problem is not uncommon in West Virginia, even though employers are required to have enough money in the bank to cover paychecks for a certain amount of time after the date the checks were issued. If your employer check bounced, there are a number of steps you should take to address the problem.

First, call your employer and inform them of the situation and ask them for a replacement check. Of course, whether your boss will cooperate or not is another matter, so be prepared to all explore all your options. If your employer doesn’t promptly replace the check, you will likely need the assistance of an attorney, or a government agency.

Since they will need written evidence of insufficient funds from your bank. In particular, you should request a copy of the of the returned check with the insufficient funds marker as well as a copy of the bank statement listing the returned check and any overdrafts it may have caused. You will probably need to provide the bank representative with your checking account number, Social Security number and your bank card or telephone banking pin number.

In the event that legal action becomes necessary, it is crucial to document everything that will support your claim. It may be necessary to report your employer to the West Virginia Department of Labor. In some cases, the labor office may be able to assist you. In your losses cannot be recouped by the government, you should enlist the services of an attorney who can pursue a lawsuit under the applicable state wage and hour laws.

The Takeaway

People work hard to make a living and deserve to be compensated for the work in accordance with state and federal employment law. If you or someone you know is dealing with Legacy Land Management or any other Jim Justice owned mine affiliate know this:  when an employer issues bad payroll checks the law is on the employees’ side 100%. Contact Anthony Salvatore at 304-574-0272 for a free appointment today. No fee unless we recover for you!

Posted in: Wage and Hour Issues