Can I be terminated for taking legal action to collect on bounced checks?
I work in Jacksonville, for an Orlando based security company. For three weeks I was issued paychecks, one cashed at a grocery store which was later returned NSF that I had to pay back to avoid prosecution, a second that was deposited into my bank acount and returned NSF causing me severe overdrafts, and a third that was refused by my employer's bank when I tried to cash it, due to NSF. The owner spoke with me two weeks ago, took responsibility and claimed to be putting the money into my bank account to cover all the checks and charges. To date he has not made any effort to pay the money owed, he no longer answers my calls or returns messages, however he is now paying me direct deposit each week for my payroll. If I file with the State Attorneys office to pursue the bounced checks, and/or get representation to go after resitution for the fees and penalties that i've incurred, will he have the right to terminate me?
1 answer | asked Feb 17, 2009 2:48 PM [EST] | applies to Florida
Answers (1)
The answer to your question depends on a number of factors including the number of employees and how you go about raising the issue of the NSF checks. If your employer has ten or more employees, you are protected against retaliation if you complain about the employer's violation of a law. So, if you file a complaint with the police or state attorney's office, you should be protected. In addition, if you retain a lawyer and the lawyer complains about the violations of specific laws such as the minimum wage law or the worthless check law, again you should be protected against retaliation. If, on the other hand, you complain merely about non-payment of you salary, you may not be protected because this could be construed as a complain of a breach of contract or breach of the promise to pay wages, whcih is not the type of law protected under the Florida Whistleblower's Act.
posted by Archibald Thomas | Feb 17, 2009 5:41 PM [EST]
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