Legal Question in Credit and Debt Law in Missouri

NSF paycheck....Is my employer liable?

I recently deposited my weekly payroll check in the amount of $79.07, two days later it came back to my back non-sufficient funds. As a result of my paycheck ''bouncing,'' I incurred two overdraft charges in the amount of $40 that I was unaware of. When confronted, my employer issued me another check (which I promptly cashed at their bank...) However, my employer maintains that they are not liable for the overdraft charges that I otherwise would not have suffered had their check (my paycheck) not bounced. What recourse do I have, if any? Is this a valid case to take to small claims court?


Asked on 10/23/02, 4:23 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: NSF paycheck....Is my employer liable?

Your employer is probably liable for the overdraft charges, but the question is, how do you enforce that? If you take your employer to small claims court, he may well fire you.

However, if that is not a big issue with you, you can take him to court, and you would probably be successful.

Good luck

Read more
Answered on 10/23/02, 4:34 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Missouri