New to Home health company and first paycheck bounced!!

[radrook]

I just started with this new home health company, been in business for 2 years, and my first paycheck bounced after I already deposited it, wrote out my own personal checks and it left me in the big time hole. When I called the administrator, I thought it was strange No apology, just let us look into it and we will get back to you. Then I drove to office and they still said they had to contact the owners and get back to me. Well finally the next day I got a new check, so I drove straight to thier bank and there own bank wouldn't cash it!! So I drove to Walmart, they wouldn't cash it, then I finally got Amscott to cash it! I talked to another employee who told me she had 3 bounce in the past year. Then when I talked to the office girl who does payroll she told me there is NO MONEY IN the account and the owners were looking to borrow money right at that moment. That is why they are doing direct deposit next pay day and i would get my money. Well needless to say, I AM NOT staying with this company, but was wondering what my course of action can be? I live in the state of Florida and just don't know how they are not getting in trouble by anyone for bouncing all these checks? How is this not a federal crime?

[Isabelle49]

Thanks, and I never thought about ACHA, I wonder if they would come check it out? But yes, next paycheck is this week, so I deff will let you guys know. I am holding my breath until then. And yes, Senior Home Care is big here and wonderful rep. I am looking around and hope to not hold my breath any more!

Great. Get on with Senior Home Care, you won't be sorry - your checks will NOT bounce.

[erroridiot]

If the company is Medicare certified, report them to Medicare or the Department of Health /Human/community services in your state. Medicare takes this type of activity very seriously.

In most states, the state has a labor department that will go in and collect your pay. It takes a while. You can usually file a wage complain online and if there is any money to collect, you will get paid. If the company is bankrupt, you will not get paid.

I would find another employer ASAP.

[Designerfox]

radrook

I have been working as a Graphics designer for home health agencies in Florida for almost 2 years. This is very common because of the type of work it is and how payment is collected. When you work (do a visit) for a home health agency, that company has to wait to receive the documentation for that visit, send it out to the patient's insurance or medicare (most used in Florida) and wait for them to pay that visit. Usually runs a course of 1 to 2 months before they receive that payment. Most Agencies in Florida have this problem and I imagine just about any other state does too (just you see it more in FL because that's where the highest concentration of home health agencies is). Agencies here live paycheck to paycheck and unfortunately, the reason it isn't considered illegal is because with these companies you are considered a subcontractor not an employee. Companies can take anywhere between 1 to 2 months to pay a subcontractor (depending of your contract), but it doesn't make it fair. I would recommend getting out of home health altogether and finding something stable in a hospital or nursing home. The pay is a bit less, but it's still good and you don't have the added expenses of gas nor the headache of waiting for a check that won't bounce.

[systoly]

Ref. course of action

First, put a lid on your anger (if you have any), reacting out of anger will not benefit you. Keep a solid record of any (tangible not emotinal) damages directly caused by the bogus check (s). Carefully evaluate if it's financially beneficial to you to pursui legal action. If the answer is no, walk away and find comfort in knowing that if this is the worst thing that happens to you this year, you're having a great year. If you decide on legal action, don't jump the gun. Try to get them to make good on the paycheck. If you file prematurely, you'll be out filing and service fees and most likely the agency will be in less of a hurry to pay you. You might want to evaluate if a payroll loan is of benefit to you (and keep all records). In the meantime, look up procedures for filing in your state. After you have collected your paycheck's worth, inform them of your damages and intend to collect (usually a letter of demand). Of course only money order or cashier's check will be acceptable. If you must file, you'll need to know the company's service agent (name and address). Always communicate in written form (email is just fine) and ALWAYS keep your communication professional, no matter what. I hope I haven't crossed the line of providing legal advice yet. Feel free to pm me.