Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My employer wrote 14 paychecks 12 between 9\14 thru 12\14

Customer Question
my employer wrote 14 paychecks...
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: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 15 minutes by:
1/7/2016
Lawyer: Marsha411JD, Attorney replied 2 years ago
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,557
Experience: Licensed Atty, 29 yrs exp in the practice of law.
Verified

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

Ask Your Own Legal Question
Lawyer: Marsha411JD, Attorney replied 2 years 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.

Ask Your Own Legal Question
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,557
20,557 Satisfied Customers
Experience: Licensed Atty, 29 yrs exp in the practice of law.

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have been discriminated against at my place of employment,
I have been discriminated against at my place of employment, I reported it to the corporate office. Since then I have been retaliated against, what can I do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Wanting to know if I have a small claims case or not. Co. I
Wanting to know if I have a small claims case or not … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My employer requires employees to wear safety glasses,
My employer requires employees to wear safety glasses, safety shoes, and neon colored high visibility vests. They do provide all these for us, or fair compensation for our purchasing these items. My q… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Thinking about going after a company that after 4 yrs of
Thinking about going after a company that after 4 yrs of employment decided to fire my 17 yr old son for no good reason. In addition, they violated the child labor laws of the state when he was 14 and… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My employer is based in MD but I am located in NJ. They do
My employer is based in MD but I am located in NJ. They do not offer short term or long term disability is this legal?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
On a QMCSO what does legally responsible relative mean? Ny.
Hi! On a QMCSO what does legally responsible relative mean? … read more
Bill Attorney
Bill Attorney
law
1,612 satisfied customers
Helo i am having issues with my pST EMPLOERS. Maryland \usa\
ITS basically about finacial oblegation theyt did nnot pay me the full hours i wiored\\ THEN wanted me to show the faux derict deposir check for the dates which i sherdded for pravacy… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am 8 months pregnant and my husband is having many issues
Hello, I am 8 months pregnant and my husband is having many issues at work. He is being denied any kind of FMLA paperwork and information. His supervisor just refuses to take any proof or medical reco… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
My healthcare coverage was canceled 10/31/2016, now my
My healthcare coverage was canceled 10/31/2016, now my company is trying to bill me after the fact for the following months Nov 2016-March 2017 (7 months of insurance premium ) In which I was not able… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
We terminated an employee that took a $2,000 down payment
We terminated an employee that took a $2,000 down payment from a customer but it never put it in the safe. We kept his commission check for the money he owes the company. He filed a complaint for Wage… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I have a NYS unemployment question. I missed a Department of
I have a NYS unemployment question. I missed a Department of labor meeting due to being out of state for a week for an interview. I was going to or was in the process of moving to that state to live w… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I am looking for information about the unemployment benefits
I am looking for information about the unemployment benefits ...Petition for review in a district court … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have an LLC and the department of Labor Commissioner has a
I have an LLC and the department of Labor Commissioner has a judgement against it, since I don't have anything within the LLC but my business, I'm trying to figure out the best way to go about this. T… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a couple of legal questions that I need advice on. I
Hello, I have a couple of legal questions that I need advice on. I met with an investigator for the Department of Labor about a month and a half ago. Apparently there was a random audit done on me dat… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Does an S Corporation doing business in NY with both owners
Does an S Corporation doing business in NY with both owners being the only 2 employees, do we need workers comp insurance or a waiver from the DOL.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Second opinion] Yes. At hire in October, I was instructed by
Second opinion] Yes. At hire in October, I was instructed by our HR manager that my job required a couple extra hours 2 weeks per month, and that January 1 2017 i would be paid time and a half for tho… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I owed the state of TN department of labor for over-payment
Hello, I owed the state of TN department of labor for over-payment in benefits ($1527 it increased to $2,473.93 in interest) my pay was garnished (06/2016) and they recovered $1,461.78 from my pay bef… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A U.S, Department of Labor law question; Please explain:
A U.S, Department of Labor law question; Please explain: Section 8(a) of Act. 33U.S.C.$1961? … read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x