Wilmington, NC asked in Criminal Law for North Carolina

Q: Is it illegal for company to write checks that have no funds in the account at the time it was drawn

I was fired for not cashing a "Walmart check" a check is written out to us o company check they are then taken to Walmart because the bank they are drawn on won't cash because of lack of funds. We then are supposed to cash check and return cash to owner. Some of these checks have been over $2000.00 about every week. Sometimes more than 3 checks at a time. I was just curious is this illegal. Doesn't this action fall into a fraud or laundering catagory. I felt like it was so I didn't cash it. Was I right is this an illegal activity.

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1 Lawyer Answer
Philip J. Clarke III
Philip J. Clarke III
  • Criminal Law Lawyer
  • Morehead City, NC
  • Licensed in North Carolina

A: What you describe sounds like it might well be illegal activity that you would be right to not to participate in. If you talk to a criminal defense attorney they might help you to decide what to do next -- like maybe reporting what is being done to police. You also might be implicated in a crime, so this would be something you could discuss. Also, being fired from a job for certain reasons can be the basis for a law suit against your employer for a Retaliatory Discharge. You might want to talk to an employment law attorney; maybe one who advertises for workers compensation law or employment law.

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