Paycheck Bounced

[sugnim]

This doesn't really have much to do with mental health, but I need some advice on how to handle a bounced paycheck.

Recently, I took a 2nd job doing some paralegal work for an attorney who is also a state senator. It's an under-the-table job, and the hours vary. She paid me, I took the check to the bank, and it bounced. That was yesterday, and I don't know if she's checked her account to see that it has bounced. I suppose I will need to bring it up to her, but I have never had to have a conversation like this before.

I don't want to piss her off for 2 reasons: 1, she holds a lot of political and social status & power in our area; and 2, I don't want to lose this job, although it seems like maybe there is not much to lose if my paycheck has bounced.

Any thoughts?

 

[Silver.]

Bring it up, the sooner the better. It's not fair to you to have to deal with possible fee's from the bank, she needs to correct this. I know it's a hard conversation to have, but you put in the work, and you deserve to get paid. I do hope this isn't an indication of how this will be in the future. It might be worth thinking about that it might not be worth it to have to deal with this hassle if it continues.
But please do speak to her and get the pay that you worked for x

 

[BloomInWinter]

Call her right away rather than spending a single moment agonizing over how to approach her about her mistake. Sheesh...if a State Senator can't follow the law and pay you properly, perhaps it's time to look for a more ethical and competent employer.

This is not your mistake.

 

[Recovery4Me]

A rule of thumb is that if she is paying you in an check form: it is not entirely under the table and you may want to file as a independent contractor for the portion that you are paid on a separate schedule along with your Form1040. The under the table honorable mention is probably a nice way of them avoiding some of the payroll taxes such as on the SS. It could be easily traced by the IRS as a negotiable instrument is involved. So at some point perhaps research that for your protection.

Secondly, as this occurred once, from now on consider taking the PR Checks directly to the bank that it is drawn on. There may be a small fee however, it is worth your peace of mind.

Insofar as people in office, direct communication in a neutral manner is often respected. Any banking fees that you might have occurred as an result of this situation is also common practice to include. It's the Holidays...call her with courage.

 

[Deleted member 541]

I hope that you are going to call her right away. If you are to continue "working under the table" get cash up front!!!! Shitty time for this to happen too.

 

[Justmehere]

Bouncing a check is technically an act of criminal fraud in the US - if you mention it like "hey, I don't know if there was a mix up but the check bounced and I have xyz in fees" she will hopefully make it right in a hurry.

 

[hodge]

Yes, completely agree with @Recovery4Me. If it's not cash, it's not under the table. If she could write you a rubber check, I'd bet anything she is going to file income she's paid you, so if you make more than $600 a year you will have to file as an independent contractor and pay your own taxes. Which really sucks because the IRS treats independent contractors just like business owners and we have to pay up to 1 1/2 times the amount of SS that employees get taken out of their checks, even though we're just scraping by. Even now when I'm on SS disability, I still have to pay SS taxes on the little income I make, which I don't mind. Just do not get in trouble with the IRS. They've gotten pretty good over the years about working with people to make payment plans (I've been one of them), so don't be afraid of them, but don't ignore them, either!

Good luck on getting your paycheck! Gads, I would freak and then also worry about subsequent checks. I hope you call her asap and get paid!

 

[hodge]

if you mention it like "hey, I don't know if there was a mix up but the check bounced and I have xyz in fees" she will hopefully make it right in a hurry.

This sounds like a really good approach. If it doesn't work, you'll have to get tougher. But, hopefully, it would work.

 

[aut555]

Great advice here. You can try running through again by your bank. You can play dumb, tell her you think there is a screw up with that account, listen for response; dishonest or not. Could be she just doesn't have money in account. Is this drawn on a professional account like her office or personal account? There is no under the table in this, and as a paralegal you should also be ethical in your dealings. Hope this is just a small issue for you, call ask for another check, or run it through your bank again, or nicely show up in person and ask her.

 

[theshadowoftheliving]

I agree with @Justmehere. With conversations like this, I tend to start with the attitude (even if I don't actually feel it) of assuming the other didn't mean to do it.

So, I would say something like "hey, I doubt you noticed since your checks always clear, but I'm wondering if your bank made an error because the check you sent me doesn't seem to be going through. If you have a moment to look into it, that would be super awesome! Thanks so much; I appreciate the time and effort."

Essentially, you are letting them save face by pretending like its the bank's fault, and you can still get the same result - maybe faster, because they won't be as embarrassed (which sometimes leads to people feeling aggressive as a defense reaction).

It's always easier to get tougher with time than get nicer with time, so I try to start conversationally and kindly.

 

[scout86]

I have a lot of clients and once in awhile someone bounces a check. I've been in this line of work over 20 years. In all that time, I've been stiffed twice. Obviously by people who weren't planning to call me again. LOL But, usually it's a mistake. I let people off the hook exactly once. If anyone ever did it again (no one has) I'd fire them as a client. If an employer did it (and I've got friends who've had this happen) the first time it happened, I'd start looking for another job because if it happens a second time you're probably not going to get paid and you'll probably be looking for work anyway. Because the business is failing.

 

[recoveringfromptsd]

I have had to deal with this type of situation twice.

The best way to deal with is simple, tell her that her check bounced nicely and treat it as if she made a mistake, give her a chance to make it good.

I had one employer that right before they went belly up wrote me a bad paycheck. Since I was a key employee for here existing operations and everything would stop if I left, they made it good. But I saw the signs of the company failing and did the smart thing and that was to get a different job.

The other was an employer I had been with for a long time, and everyone's paychecks bounced, it turns out the person doing the accounting, embezzled the money and left. I don't know how the covered it but they did. The checks were good the next day.

As for lawyers doing this, I have seen a lawyer stiff the same company I worked for in the above paragraph, so there are some who will do things like bounce checks or worse. However with lawyers they are bound by a standard of ethics, they can be disbarred or sanction for things that cross ethical lines, like bouncing checks habitually, including paying someone under the table and not reporting the payment to the IRS and on a 1099 form for the person receiving the money.

So a lawyer who pays under the table by that very act may be someone who is more like to do things like bounce your paycheck.

But if you want the work, you have little choice but to treat it as a mistake, be nice, and let them make the check good.