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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19779
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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My employer wrote 14 paychecks 12 between 9\14 thru 12\14

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my employer wrote 14 paychecks 12 between 9\14 thru 12\14 and 2 between 1\15 thru 2\15 totaling over 7000 dlrs I tried to cash them at his bank each week at the teller counter or thru the drive thru. Sometimes he would hold back a few weeks at time no funds and they became out dated. Over and over he told me there should be funds or he would take care of it. He didn't. I sent out cert. letters after time allowed ran out I filed a complaint at the PD. then I got a text that he had a cashiers check for 650dlrs. After being denied action from the city attorney due to lack of criminal intent, I picked, up the PD report. It stated my employer knows he owes the money and he received the letters. he wrote the checks with every intent that funds were there, that I had a check for 650dlrs waiting for me to pick up. That he was trying to work with me on what was owed. However he couldn't pay the full amount at once. So I went to pick up the check it was for 441 this was the amount for the only check that his mother signed all the others were signed by him. He also said that I was holding checks and trying to cash them all at once. Not true. the cert. check for 650 not true. trying to work with me not true. the investigation was just talking to him. I made it known to the PD through a letter about his statements and to add it to the file and for the officer to call me. He didn't so I called the PD left a message for him to call me and he didn't. they never got the bank records or talked to anyone else. Now I am going to the county sheriff dept. for an investigation in reference to Az. statues criminal code 13-107g 13-1807, 13-1802, 13-1808,13-2310, 13-2311a, 13-1801. Is there any advise you can give me?
Submitted: 11 months ago.
Category: Legal
Expert:  Marsha411JD replied 11 months ago.

Hello,

Thank you for the information and your question. You might not like what I have to say, but it is based on my experience and the law. Although you can certainly present what evidence you have to the State prosecutor (this would be the County Attorney's Office that you would go to with your complaint), they are under no duty to prosecute any particular case if they don't believe they have the evidence to prove it beyond a reasonable doubt. That is called prosecutorial discretion and all prosecutors have it and use it to keep their convictions percentages high. So, for example, bad check cases are the absolute worst to prosecute because unless the defendant admits they knew they didn't have enough money or intended not to pay, convictions are hard to come by. They are also highly paper dependent, so proof and evidence issues are more onerous. But, in the end, even if the proof seems like it is there, they don't have to take the case.

Your absolute best way to get your money and perhaps get your boss in trouble is to file a wage complaint with the State or the Wage and Hour Division of the U.S. Department of Labor. There are wage laws that can be enforced either civilly or criminally, but other agencies, versus the County or City Attorney handle it. They can also actually get your money for you if he has any and fine him, etc. You can file a wage complaint through that State by going to the following link: http://www.ica.state.az.us/labor/labor_wagclm_main.aspx

If you did not, for some reason, want to file a wage claim with the State or the U.S. DOL, you could file suit in civil court for the amount you are owed and up to twice what is owed as liquidated damages.

The above two options are actually how unpaid wages are handled, not through the bad check prosecution process, even when the checks were dishonored. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 11 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 7th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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