Labor Rights When an Employer Bounces a Paycheck in Georgia

by Heather Topham Wood ; Updated July 27, 2017

If an employer in the state of Georgia writes a bad check to you, he may be subject to legal repercussions. However, if your employer did not intentionally write a bad check and believed funds were available, he cannot be prosecuted. If possible, attempt to work out the situation with your employer before pressing criminal charges. Speak to a prosecutor or lawyer if you wish to take your employer to court over past-due wages.

Time Frame

You cannot take your employer to court immediately for writing a bad check. He has 30 days to make the funds available after the delivery of the check. Furthermore, your employer has 10 days from when you received written notice that the insufficient funds were available to cash your check.

Significance

You must be able to prove that your employer knowingly wrote you a bad check to receive compensation in the state of Georgia. Your employer must know he is giving you a fraudulent check or that insufficient funds are available to cash the check. Without proof of intent, you cannot be compensated through the courts.

Compensation

If the ruling is made in your favor against the employer in Georgia, you will receive double the amount of the check, but no more than $500. The employer who wrote the bad check will also be responsible for any court costs you have incurred. If your bank charged you any service fees, the employer is also responsible to pay these as long as they don’t exceed $15.

Fines

It is considered a misdemeanor in Georgia if the check was for less than $500. It becomes a felony, however, if the bad check exceeded $500. If the check was for less than $100, a maximum fine of $500 or 12 months of imprisonment is imposed. If the amount of the check is more than $100, a maximum fine of $1,000 or 12 months in prison is imposed. Checks over $500 are subject to a $5,000 fine and up to three years in prison. If the employer wrote multiple bad checks, she may be required to pay interest of 1 percent of the amount owed until you are compensated.

About the Author

Heather Topham Wood is a seasoned writer whose work has appeared in numerous publications, including USA Today, Gadgetell, Feel Rich and Step in Style. Heather is a published novelist with six Amazon bestsellers and a contract through Crescent Moon Press. She holds a bachelor's degree in English from TCNJ.