question for bank employee (clerk, teller,mgr, either/or)

[dweller]

this may be a labor issue, but will address that at another time.

Basically, i get a check from my employer that is handled by a payroll co. Legitimate, taxes withdrawn, etc. every 2 weeks. I'm an hourly employee.
I deposit the check in my account, and wait to see if it will clear, or bounce over the next week. About as many times as it clears, it may also bounce and i'm charged $10 and i suspect the employer is charged $$ by his bank the check is drawn on. Normally, the employer will make it up to me w/ another (personal) check that is deposited and wait to see what it does. Several times it has bounced also. Another charge to me of $10. He will make up the difference (+$10) in the amount.

But he will go into my bank, request to put the make-up check into my account on his own, and the tellers handle the deposit (looking up the acct. #, etc). Several times he has claimed to have deposited cash into my account to cover the bounced check, but when i look online, it says 'check deposit' on the transaction, so basically he lying. If the check bounces again, he claims it was a mistake on the teller's part,etc.

Now, the most recent case: i deposited my payroll check, it bounces. HE puts another check in my account, and it bounces. Then he says he put an amount of cash (not the whole amount, he wants to make up the difference in cash to me in person) into my account, but the teller puts the 'check' into a different account of mine that i share w/ my daughter (my name and her's for her use ... i transfer $ between the 2 accounts as she is in college and i help her w/ finances,etc.) So now i'm waiting to see if that check bounces before i try to transfer the $ from one account to the other.

so, first question: can i have the bank put a block on my account from him depositing anything other than cash into my account on his own? I'm fed up w/ his manuevers, the check charges, excuses, claiming he deposits cash, but it's a check,etc.

2nd question with a little background: the payroll check is drawn from a bank i don't have an account w/ and if i call them to ask if the check is good (funds available) they always say NO. I said something to my employer and he explained it as thus- he has 2 accounts, one w/ the $ in it, the other he transfers the $ into to cover the checks. And he has told me he decides which checks to clear or not. In other words, he views online his accounts, decides to put $ in to cover an amount for a check, or lets it bounce until he has $ to cover. Obviously he is 'deciding' to let mine bounce, and then to not cover his makeup check too. Is this legal?

I'm trying to just get my $$ (while obviously looking for other employment) but want to get his freedom to put bad checks in my account stopped, and will speak to my bank on monday about the whole situation. Just would like any input, advice on how to handle the matter.

thanks
dp

oh, and to make this matter more aggravating, this past friday was payday- so i have another payroll check to deposit while still waiting for the last one (above matter) to clear. I'm not rushing to deposit the new one...

[MichiganVote]

1. Sounds very dicey. Get a new job.

[BR_Parkway]

2. As a small businessman, I understand the juggling that goes on to

cover cash flow - but if I was you, I'd tell him to pay me in cash on Fridays - he can still print out your check - but you would sign the back of it "Exchanged for Cash"

[Sherman A1]

3. Why not take the check to the bank

upon which it is drawn and cash it there rather than deal with the charges and games. I would also document everything and perhaps contact both The US Department of Labor & State Wage & Hour. You may have cause to file complaints with both. Paychecks are not something to be trifled with by an employer.

[dweller]

4. the bank is in another town

not that far, but i call first and am told "NSF", so i don't waste my gas/time.
It would seem to me that the bank would have to cash it, and just take it from him?

dp

[Warpy]

5. This guy is a thief

and you need to find a new job FAST.

If he's being this smarmy to you, how smarmy is he being to people whose work he doesn't depend on?

You're not running a charity for his bad bookkeeping. On the way out, drop a dime to the state AG. Have copies of all the bounces (you can do this online) to back up your complaint.

In any case, he's stalling you as much as he can on money you need to live on. Dump his ass.

[dweller]

6. need i mention he's a repuglican?

believe me, he provides for hours upon minutes of entertainment as he spouts the party line at all opportunities. I don't have to listen to Rush, Hannity, et al, just keep my ears open at work. I laugh alot and correct for what it's worth. He knows he can't pull much over me, but the issue w/ $ doesn't stop w/ me. It also includes other employees, purveyors, utilities, etc. He owes everyone at some point and is constantly juggling figures, operates fairly loose w/ the books.

The only reason i stay there for the time being is that it's very close to where i live so am not having to invest much to commute, the work is not hard and i'm paid well enough when i finally get my $.
And the job market right now is bare. I don't plan to cut my nose off at the moment to save my face, but just want to cover myself. Plus, he seems to believe that i'm trustworthy and an asset to his business for my skills. Most of the other employees are younger whereas he and i are about the same age. Again, the trust factor there, as he confides w/ me about things he probably shouldn't.

I'm going to talk to the bank tomorrow to see what my options are to stop him from depositing into my account w/ worthless checks, since he does this before i know a check has bounced. And see if they can advise me about what his bank is allowing him to do, legalities, etc.

thanks for everyone's advice, just wanted to know how i could approach the bank w/the issue.
dp

[Coyote_Bandit]

7. Been There

Find a new job and then file a labor board complaint - and be sure to document any charges that were not fully reimbursed. And claim any benefits or vacation that was not paid.

In the meantime take the check to the bank on which it was drawn and present it for cash. You can call to verify funds are available before you actually go there. Do not deposit the check. Just because you have been advised that an account has sufficient funds when the check is deposited does not mean those funds are still available when the check is presented for payment. Better yet see if you can get the asshat to pay you in cash as was suggested up thread - with you signing your check "exchanged for cash." If you present the check and the bank refuses to honor it then demand cash before you continue to work.

Also, consider contacting any professional organization that might have oversight of your employer. For example, if your employer is an attorney then contact the state bar association.

If you have health insurance through your employer then go ahead and consider other arrangements if possible. At the very least contact the company in writing and request that you personally be notified if cancellation for nonpayment has been or is given. When this happened to me I went to work one day and was informed at noon that my health coverage would be cancelled at midnight because the company had not paid the premium.

Good luck.