Employers postdating checks

Employers these days simply aren’t willing to take risks on the people they hire, and running background checks is one way to minimize those risks.

Unfortunately, just like the above questions about resumes, references, and interviews, there really isn’t a one-size-fits-all answer to the question posed by the title of this article.

(e) The issuer of a dishonored check is not liable for the penalties described in paragraph (b) if a pretrial diversion program under section 628.69 has been established in the jurisdiction where the dishonored check was issued, the issuer was accepted into the program, and the issuer successfully completes the program. Failure of the drawer to receive a regular or certified mail notice sent to that address is not a defense to liability under this section, if the drawer has had actual notice for 30 days that the check has been dishonored. An affidavit of service by mailing shall be retained by the payee or holder of the check. A drawee is not liable in a criminal or civil proceeding for releasing information in accordance with this subdivision. (b) This subdivision applies to the following information relating to the drawer’s account: (1) whether at the time the check was issued or presented for payment the drawer had sufficient funds or credit with the drawee, and whether at that time the account was open, closed, or restricted for any reason and the date it was closed or restricted; (2) the last known home address and telephone number of the drawer.

An affidavit of service by mailing shall be retained by the payee or holder of the check. The drawee may not release the address or telephone number of the place of employment of the drawer unless the drawer is a business entity or the place of employment is the home; and (3) a statement as to whether the aggregated value of dishonored checks attributable to the drawer within six months before or after the date of the dishonored check exceeds 0; for purposes of this clause, a check is not dishonored if payment was not made pursuant to a stop payment order.

The displayed notice must also include a provision notifying the issuer of the check that civil penalties may be imposed for nonpayment.

(b) If the amount of the dishonored check is not paid within 30 days after the payee or holder has mailed notice of dishonor pursuant to section 609.535 and a description of the penalties contained in this subdivision, whoever issued the dishonored check is liable to the payee or holder of the check for: (1) the amount of the check, the service charge as provided in paragraph (a), plus a civil penalty of up to 0 or the value of the check, whichever is greater.

(c) This subdivision prevails over any provision of law limiting, prohibiting, or otherwise regulating service charges authorized by this subdivision, but does not nullify charges for dishonored checks, which do not exceed the charges in paragraph (a) or terms or conditions for imposing the charges which have been agreed to by the parties in an express contract. Notice of nonpayment or dishonor that includes a citation to this section and section 609.535, and a description of the penalties contained in these sections, shall be sent by the payee or holder of the check to the drawer by certified mail, return receipt requested, or by regular mail, supported by an affidavit of service by mailing, to the address printed or written on the check. History: 1983 c 225 s 6; 1984 c 576 s 26; 1985 c 140 s 1,2; 1991 c 256 s 8,9; 1992 c 565 s 113; 1996 c 414 art 1 s 41; 1997 c 157 s 65,66; 1999 c 218 s 1; 2001 c 204 s 1; 2004 c 174 s 3 Minn. (a) “Check” means a check, draft, order of withdrawal, or similar negotiable or nonnegotiable instrument. In addition, restitution may be ordered by the court. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the dishonored checks was issued for all of the offenses aggregated under this paragraph. Refusal by the maker or drawer of the check to accept certified mail notice or failure to claim certified or regular mail notice is not a defense that notice was not received. If the check has been protested, the notice of protest is admissible as proof of presentation, nonpayment, and protest, and is evidence sufficient to sustain a finding that there was a lack of funds or credit with the drawee. The drawee shall release all of the information described in clauses (1) to (4) that it possesses within ten days after receipt of a request conforming to all of the provisions of this subdivision. (a) A drawee shall release the information specified in paragraph (b), clauses (1) to (3) to the payee or holder of a check that has been dishonored who makes a written request for this information and states in writing that the check has been dishonored and that 30 days have elapsed since the mailing of the notice described in subdivision 8 and who accompanies this request with a copy of the dishonored check and a copy of the notice of dishonor.

If you choose to accept a postdated check, you run the risk that the person who wrote the check could close their account before you deposit the check, or that their account will not have sufficient funds when you deposit the check.

“Dishonor” does include a stop payment order requested by an issuer if the account did not have sufficient funds for payment of the check at the time of presentment, except for stop payment orders on a check found to be stolen. If a law enforcement agency obtains payment of a dishonored check on behalf of the payee or holder, up to the entire amount of the service charge may be retained by the law enforcement agency for its expenses.

(e) “Payee” or “holder” includes an agent of the payee or holder. Only one service charge may be imposed under this paragraph for each dishonored check.

There is a fairly wide range of different background checks that an employer run a background check.

Luckily, while there isn't a concrete answer to this question, there are a few good bets.

Search for employers postdating checks:

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