Burlington, KY asked in Contracts and Employment Law for Kentucky

Q: Who owes me money? My former employer or my bank?

My former employer gave me a paper check that I deposited into my primary bank. I was told by the bank that the check was bad. They told me I didn't have to pay the fees for it, but that I was going to have my account closed.

I let my employer know and they gave me the okay to redeposit the check into another bank, which I did at my secondary bank. At first it cleared, then four days later it reversed as a duplicate check. I let the secondary bank know that I never received the funds from the first bank, and they told me that I had to get my check reissued by my employer.

My employer was not willing to reissue one, so I filed a claim with the local Department of Labor, but had my case closed because the DOL told me that since the check cleared after the second deposit that my former employer had technically paid me, and that it was an issue I needed to take with the bank. I spoke with the secondary bank and again was told I needed a reissued check from my employer.

What do I do?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Louisville, KY
  • Licensed in Kentucky

A: Sue them both.

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