Legal Question in Business Law in Virginia

Can the owner of an Antique mall take money away from a dealer that the mall had accepted because of a bad check? I had 2 diamond necklaces purchased by a lady..she wrote the check to the mall....the owner of the mall paid me. Then the check turned out not good and the mall owner has now taken the money out of my last paycheck. Is this legal, I pay rent and she gets 10%....I think she is responsible for bad checks...not me. What is the answer please....Thank you for your time...Anne


Asked on 10/22/10, 5:52 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any attorney will say your employer is very likely violating employment laws. You can report what's happening to your local Employment Development Department (or similar state agency) in your state. They will investigate and take appropriate action. Consult with a good business - labor attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Read more
Answered on 10/27/10, 6:42 am
Michael Hendrickson Law Office Michael E. Hendrickson

First of all, it's not even clear as to whether you are an employee of this

mall(despite your reference to paycheck) or an independent contractor (dealer) nor why the buyer in this transaction would be making out a bad check to the mall owner rather than to you, apparently, the seller of these diamond necklaces and what the terms were governing this arrangement(if any)--all of which need to be clarified to answer this question (in my opinion).

Attorney Murphy is a California practitioner without a license to

practice law in the Commonwealth of Virginia and should not be answering

a question involving only Virginia state law issues.

Read more
Answered on 10/27/10, 8:05 am


Related Questions & Answers

More Business Law questions and answers in Virginia