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  • Report: #139114

Report: Bank Of America

Reported By: (San Jose California)

Bank Of America RIPOFF My companys Payroll check will not be paid by BofA because it exceeds limit, hence I had to use check cashing service Milpitas California

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Bank Of America

740 E. Calaveras Boulevard
Milpitas California 95035
U.S.A.
Phone:  408-9417970
Web Address:  

Category: Banks


Submitted: Saturday, April 16, 2005

Last posting: Monday, April 18, 2005
I have always had direct deposit, but my bank had frozen my account (which I'm still working on resolving). Meanwhile my company uses Bank of America for payroll. My company's paycheck clearly stated "This check can be cashed at any Bank of America Branches". I went to Bank of America in Milpitas, CA with the check this morning and asked them to pay me. The cashier looked at it and said that since it explicitly says "This check can be cashed at any Bank of America Branches", she got her manager Celia Kwong involved. Celia came and told me that the amount exceeded their internal limit (which they wont reveal). She told me that she CAN NOT pay the check (simply and flatly refused to pay).

Obviously I didn't want to give up. So I stayed there and kept asking her questions. She was angry and said I'm telling you for the last time and asked me to get out. She told me I should go to a check cashing place to get my money. That is what I did eventually (also paid a fee of 2% for the check cashing place). I used to be a Bank of America customer but closed the account because they were charging exorbitant fees. This is so UNFAIR. I'm presenting a legal check from my company (which is a big company with a lot of credibility) and Bank of America flatly refuses to pay it. Oh my God, can some one teach a lesson to these banks.

Ron
San Jose, California
U.S.A.



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REBUTTALS & REPLIES:
2Author 2Consumer 0Employee
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#1
Consumer Suggestion
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YOUR EMPLOYER NEEDS TO INTERVENE..

Sherri - Piedmont (U.S.A.)

POSTED: Monday, April 18, 2005
Why? Because in the state of California, the labor code is quite specific. Your payroll checks must be payable upon demand, and if the bank refuses to cash it, your employer can be in trouble with the Labor Commissioner:

212. (a) No person, or agent or officer thereof, shall issue in
payment of wages due, or to become due, or as an advance on wages to
be earned:


(1) Any order, check, draft, note, memorandum, or other
acknowledgment of indebtedness, unless it is negotiable and payable
in cash, on demand, without discount, at some established place of
business in the state, the name and address of which must appear on
the instrument, and at the time of its issuance and for a reasonable
time thereafter, which must be at least 30 days, the maker or drawer
has sufficient funds in, or credit, arrangement, or understanding
with the drawee for its payment.


(2) Any scrip, coupon, cards, or other thing redeemable, in
merchandise or purporting to be payable or redeemable otherwise than
in money.


(b) Where an instrument mentioned in subdivision (a) is protested
or dishonored, the notice or memorandum of protest or dishonor is
admissible as proof of presentation, nonpayment and protest and is
presumptive evidence of knowledge of insufficiency of funds or credit
with the drawee.


(c) Notwithstanding paragraph (1) of subdivision (a), if the
drawee is a bank, the bank's address need not appear on the
instrument and, in that case, the instrument shall be negotiable and
payable in cash, on demand, without discount, at any place of
business of the drawee chosen by the person entitled to enforce the
instrument.

My husband went through the same thing a couple of years ago, as Citibank would not cash his payroll checks, stating that the main office of his company was out-of-state. After getting gigged for thousands in penalties and fines, they changed banks.
#2
Update By Author
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POSTED: Monday, April 18, 2005
Thanks for the update, what should I do now. I got the business card of Celia Kwong, Vice President, Customer Service Manager, Milpitas Banking Center, Bank of America. She was the one who refused to pay my payroll check. I already paid the 2% fee to a local check cashing place, who happily gave me my money after taking the 2% fee. Can I get it reimbursed somehow. Appreciate your feedback.
#3
Consumer Comment
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POSTED: Monday, April 18, 2005
Your employer may not be aware that Bank of America is doing this, and may not be aware that the company is potentially in violation of California Labor law. Bank of America is far more likely to try to work with and keep a business customer happy than they are to be concerned about whether or not you can cash your payroll check.

I would also ask the employer for reimbursement for your check cashing fees, though there is no guarantee you will get it. If your employer doesn't seem too concerned, then file a general complaint with the Labor Board and they will let the employer know that they could be in violation. Usually, these incites them to react and take care of problems.
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