Nursing Home Employees Claim They are Unable to Cash Checks

January 6, 2011 Updated Jan 6, 2011 at 7:15 PM EDT

By Kyla Igoe

January 6, 2011 Updated Jan 6, 2011 at 7:15 PM EDT

Batavia & Lewiston, NY (WKBW) - Employees at the Batavia Nursing Home in Batavia and the Fairchild Manor Nursing Home in Lewiston are claiming they are unable to cash checks from their employer. Both facilities are run by Senior Associates LLC, which is owned by Marc Korn. Dianna, a former nursing assistant at the Batavia Nursing Home claims 2 of her checks have bounced in the past month, and is now having problems with her bank cashing her last check.

"My bank won't take anymore checks until the problem stops," said Dianna, who asked us not to reveal her last name. "I won't have any income until January 11th from my check from December 31st. It's been very rough the last few weeks."

Korn's Attorney, James Navagh, says his client has always had money in the account for payroll but did experience a problem in November when a default judgement was filed. The order has since been lifted, and Navagh adds there have been no problems with the account since. The New York State Department of Labor says they did receive complaints a month ago and there is no active investigation.

"According to state labor law, an employer must pay an employee on the agreed upon date," said New York State Department of Labor Spokesperson Karen Williamson. "Whether that's the Friday of every week, every other Wednesday, whatever that date is, the employer has to pay their employee their wage that day."

Patient care at the facilities has never been impacted by this situation. If employees are having problems cashing checks at their current bank, the company and its attorney are encouraging employees to visit any HSBC bank branch.

The New York State Department of Labor can be reached at 716-847-7141.