Q: Can a former employer charge criminal charges for checks that were written a year ago, which they are just now cashing?
A former employee sent me an invoice for “unapproved overtime” that I was paid. Due to the toxic work environment, I sent payment in the form of checks after I left (7/10/19) since then, that account was closed (4/30/20) and today, I received notifications from said employer that she tried to deposit some of those checks recently (11 months after the dated checks) and because it’s closed, was charged fees. She is now demanding I pay all the fees and the invoices amount or she will seek criminal charges.
A:
You could be arrested and put in jail for committing Assault on the Tooth Fairy. However, if you fight the charge you won't be convicted because the prosecution must prove every element of the offense beyond a reasonable doubt, one of the elements of assault is that it is committed against a person, and the Tooth Fairy is not a person. The only way to get yourself convicted of assaulting the Tooth Fairy is by taking a plea.
In Texas, the two most basic crimes about checks are "Theft by Check" and "Issuance of Bad Check." Criminal intent to commit these offenses is presumed if certain conditions are met. One of those conditions is that the bounced check must have been presented to the bank within 30 days. If that did not happen then there is no presumption and it will be almost impossible for the prosecution to win a conviction if you fight the charge. I say "almost" because they could theoretically prove intent by some other means. For example, prosecutors could subpoena records from your bank to determine if you had enough money in the account on the day you wrote the check.
So anyway, you probably have a defense against the most likely CRIMINAL charges related to a bounced check. That doesn't mean you won't be arrested or charged, just that you have a defense. You could also still owe the money but it not be a crime. In other words, the person MIGHT be able to file a CIVIL lawsuit to recover the money. There could also be ADMINISTRATIVE penalties from the Texas Workforce Commission. You should seek the advice of an Employment Law attorney with regard to your Civil or Administrative liability. The employment law attorney might also know of some other applicable criminal law... I just addressed the two most obvious ones dealing with checks.
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