Restaurant Bounces Employees' Paycheck Again & Again

11:32AM | July 26, 2010 | comments: 19

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How many bounced checks is too much?

Sheena Smith is getting ready to head off to college this fall.

So for the summer, she's been working at a restaurant called "Obika Mozzarella Bar' to save up money for books, rent and supplies, but its been extremely difficult because she can't cash her paychecks.

As Sheena told Howard; "Its a great place to work, everything is fantastic, the only thing is that when I go to cash my checks, they bounce.

According to Sheena, whenever she got her paycheck, she would bring it to a bank or a check-cashing place, but the checks have either been bouncing or the bank/check casher refuses to cash them, because the account is empty.

How could that be? Obika Mozzarella Bar is located in the IBM Building on Madison Avenue and 57th Avenue, a very expensive part of Manhattan. They've been written up in The New York Times and are part of an international restaurant chain. How can their checks be bouncing?

As Sheena explained it, whenever she couldn't cash her check, she would go back to her employees and they would end up paying her partial payments out of the cash register. Frustrated with bounced check fees and not being able to access her money, Sheena and her father called Help Me Howard.

First thing, Howard did was accompany Sheena and her dad to a check cashing facility to see if she could cash her most recent check. Sheena tried, but was told that the restaurant company wasn't coming up in their system.

Their next stop was Obika Mozzarella Bar on Madison Avenue. They walked into the office and spoke with one of the managers, who one of the "Consultants". Neither was able to explain why Sheena's checks were bouncing. They suggested she come back the next day and get paid in person by the accountant, who wasn't in that day.

Everyone agreed to wait until the next day, but when Howard got back to his office, he received a call from Obika's attorney, who promised they would send over a new check for Sheena that very same day. True to their word, Sheena's new paycheck arrived the same day via messenger within an hour and the next day, Howard was able to hand it to her personally.

If you experience receiving a bounced check as payment, first try to resolve it with the check writer, diplomatically. It could have been an honest mistake or they could be experiencing money trouble. Try to straighten it out amicably.

If you find the bad check writer is not cooperating, the next step could be small claims court.
Go to your local court and speak to someone about filing in small claims court.

If you and the bad check writer bank at the same bank, you can ask the bank to monitor the check writer's account for funds.

Another step is calling a local collections agency in your phone book. Ask if they can collect the returned check for a small fee. If this is your next step, make sure to ask them what they will do to collect the check and how long their efforts will last. Be sure to always keep a copy of the original check for yourself. And if the check is NSF (Non Sufficient Funds) you may be able to resubmit the check around the time when other people are being paid. Be sure to check with your bank about that option.


Produced By Monique Singhroy

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Comments: 19

Posted by Zanny at July 26, 2010 10:42 PM

Hey there Howard
I love your show but the comment you made in the end was really uncalled for. What do you mean by "Hope it isn't a Nigerian bank"????? That is a sick comment.....Nigerian banks are excellent and they work fantastic.

Posted by Sry at July 26, 2010 11:32 PM

I guess they could not find something wrong with the food at this place....I'm going to give it a try. For that matter, who uses check cashers? Get a bank account!!! Shame on her dad for encouraging this kind of behaviour; there are other ways to go about getting your money!

Posted by RestBlogger at July 26, 2010 11:43 PM

As a first generation American of Nigerian heritage, I am greatly disappointed with Howard's comment about the check he gave her not being from a "Nigerian Bank" - what's that about? This guy puts himself out there as a public advocate? I guess I can forget about having him help me unless I lie about where my parents were born.

Posted by Lola at July 26, 2010 11:49 PM

I concur sry. Sounds like this young girl is being guided by a parent who has little work experience with the real world. It seemed like every other time she had an issue as discussed on the show it was resolved. Did you need a little air time or attention dad?

Posted by Shawn at July 27, 2010 12:26 AM

I've eaten at this restaurant and the food is really good and the employees were pleasant and happy. Seems like they were completely ambushed. What's the deal? Her check bounced and they paid her back. She then went to a check casher, but we never see why they really didn't cash the check? How do we know she even showed them the check? Where was the interview from the check cashers that they claim won't take the checks? No other employees with the same problem? She says its a "great place to work"? Something doesn't add up here, what's the deal? Looks like her father put her up to this so HE could be on tv. Waste of time story.

Posted by AngryDoverian at July 27, 2010 12:37 AM

I overly enjoy how you peole cannot feel sorry for something unfotunate happening to someone else. " "Hope it isn't a Nigerian bank"????? That is a sick comment.....", "I guess they could not find something wrong with the food at this place....", " I guess I can forget about having him help me unless I lie about where my parents were born", "Sounds like this young girl is being guided by a parent who has little work experience with the real world."...
1. i live literally 20 feet down the road from these people ( just f.y.i.)
2. who cares about the words howard used to describe a bank... if sure he wouldnt have said it if he thought it would offend someone.
3. who are any of you people to question someones' life, parenting skills, or work experience ? ... the man, who also f.y.i. ive known since i was about 10 years old, works in the city of new york so he obviously has some work experience seeing as how hes worked at this job for as long as i can remember. yes, it was mentioned they were in this situation before and the issue was resolved... BUT obviously this time it was not... would any of you just let a check you worked for go uncashed ? or would you also call someone to do something about it if nothing you did yourselves worked ? so why cant you all just feel sorry for these hardworking people instead of being complete tools and turning the story around into it being about a lack of parenting and misuse of words as opposed to a soon to be college student having no savings because their boss jipping them out of pay they worked for? i guess there realy is no compassion left in the world...

Posted by tyrell at July 27, 2010 12:55 AM

Compassion? Are you kidding me? He made an obvious negative statement and should answer for it. His lack of judgment raises questions. As to the father, why didn't he just call the company and resolve it. Instead he went for TV time. Only thing i got from this story is that the girl said it was a great place work, its in a good location and the food is good.

Posted by Angry? at July 27, 2010 1:19 AM

Look, the story is what it is. The father came off like someone who was more interested in making a "big story" out of something that could have been resolved with a phone call. The kid said herself that it's a "great place to work!" If she had really been screwed by them, I doubt she would have said this. The only Angry one was the father. Why is that? Was he the one trying to cash her checks? They delivered the check in an hour so they obviously had the money. Interesting that Angry doesnt agree with Howard's own advice:

"If you experience receiving a bounced check as payment, first try to resolve it with the check writer, diplomatically. It could have been an honest mistake or they could be experiencing money trouble. Try to straighten it out amicably."

I agree with Tyrell. The jist of this story is that Howard realized that the people that own this restaurant aren't bad guys. They made good on their promise to resolve it and in the end, there was no "gotcha" moment. The girl got paid everything she was owed. The fact that they ran the piece with positive statements, means they realized that these guys are not the Big Bad Wolf Angry wants them to be:

"Its a great place to work, everything is fantastic"

"Obika Mozzarella Bar is located in the IBM Building on Madison Avenue and 57th Avenue, a very expensive part of Manhattan. They've been written up in The New York Times and are part of an international restaurant chain."

"when Howard got back to his office, he received a call from Obika's attorney, who promised they would send over a new check for Sheena that very same day. True to their word, Sheena's new paycheck arrived the same day via messenger within an hour and the next day, Howard was able to hand it to her personally."

As for the Nigerian comment, it goes without saying that he shouldn't have made that comment because it's obviously offensive. I wouldn't call it a "Mel Gibson" moment, but he should still appologize to the Nigerian community.

As for the restaurant, I've never been, but I'm curious to about what a Mozzarella Bar is. I checked out their website and the food looks pretty good.

In the end, perhaps all will benefit?

Now that everyone knows about this place, maybe they'll decide visit it out of the same curiosity I have? I guess even Howard would agree this is a good thing, since more customers, means more money in the accounts.

Posted by AngryDoverian at July 27, 2010 1:35 AM

first of all he was referring to a type of scam you airheads. its not un called for or negative. a "NIGERIAN BANK scam" also know as a "4-1-9" scam or "advanced fee fraud" scam is basically defined as giving someone personal information or providing a service for their gain. an example of a "nigerian scam" would be getting a letter from a foreign country such NIGERIA written by a person "promising you riches" in exchange for you keeping it in your bank account, which they need access to to deposit said fortunes. if you dont understand this(because you are all obviously too self indulged to even realize the simplest of things) with access to your bank account someone can steal all of your money. in this case the "promised riches" being her paycheck and what she is providing them with is her time and effort. so what howard said was a joke, a pun, in no way racial, "unnessecary", obnoxious or my favorite way of his comment being refered to "an obvious negative statement".

Posted by AngryDoverian at July 27, 2010 1:40 AM

AND im not trying to make anyone out to be a bad guy... like i mentioned ive known this family since i was around 10ish and i feel bad for them that they needed to go through this. they are modest people so im sure they werent just trying to get their moment in the spotlight is the point im trying to get across...

If the point you're trying to get across is that its the right thing to march your high school kid to the local news guy instead of calling the employer directly to work it out - the point was lost.

Do you really think the father helped this kid by doing this? What is going to happen when she graduates college and employers start to do background checks and find that news piece? You think they will be in a rush to hire someone who runs to television stations and brings camera crews back to the office each time she has a problem at work? Let's be real here. The point I was making is that the same result could have been achieved by the father calling the owners or their lawyer. Now this girl is perceived as someone who tried to hurt a business by putting them on blast on television.

Also, I'm surprised that you would be so insensitive as to dismiss a racially charged comment as a "joke." It's clear you are not an African American.

RACIST JOKES - http://en.wikipedia.org/wiki/Racist_joke

An ethnic joke is a humorous remark relating to an ethnic, racial or cultural group, often referring to a stereotype of the group in question for its punchline.

Ethnic jokes have been around since people first noticed they were different from one another, and ethnocentrism and a sense of ethnic identity appeared. Jokes feed upon difference and distinctions (not only ethnic, of course) and if one of the functions of ethnic jokes is to ridicule and depreciate these in-out groups, another function is to maintain and strengthen a sense of one’s identity in some in-group.

Ethnic jokes are often considered to be offensive and as a form of hate speech. Perceived as such, they may sometimes be referred to as race jokes, or racist jokes. But the definition of what constitute a race, ethnicity or a social group varies from one nation or society to the next, about who is considered a racial minority or ethnic group.

Posted by Perception at July 27, 2010 9:25 AM

One word describes this type of approach....CLASSLESS! As for the Nigerian comment....RIDICULOUS!

Posted by M at July 27, 2010 10:25 AM

I am not Nigerian but lived in the country for 19 years...basically since child birth! And I can tell you that this was an offensive comment. So, AngryDoverian, why don't you ask a Nigerian before you make a comment like that. You obviously DON'T know anything about them.
And another thing. I understand that you've known them since you were 10 and are trying to defend them, BUT COME ON!!! This was pushing it way too far!
If I took anything away from the show tonight, it's that I found a cool place to eat and a girl and her father tried to ruin it!
The End

Posted by M at July 27, 2010 10:37 AM

@ Perception.

If you watch The Real Housewives on NYC you'll get this

"Money can't buy you class!"

Posted by Lola at July 27, 2010 11:13 AM

Dear Angrydoverian,
These are not "modest people" There is nothing modest about going to channel 11 news. Do you know what modesty means? LOL

Posted by ohgosh at July 27, 2010 8:38 PM

LOL, PRETTY DARN OBVIOUS; THAT ANGRY DOVERIAN = GIRL ON THE SHOW. :)

Posted by Ummm at July 27, 2010 11:47 PM

Ok, like someone mentioned before, this girl def messed up her chances at getting a job in the future. Who is going to want to hire her after this???
I hope she thinks the 3 minutes on TV was worth it

Posted by mysticaria at August 25, 2010 12:31 PM

Like AngryDoverian said, the "Nigerian Bank" comment was a reference to a very popular internet fraud. I actually used to get those emails myself - a "Nigerian prince" wanted to give me millions of dollars in exchange for helping him and all I had to do was provide my bank account information. If you google "nigerian bank" the FIRST link that comes up is called "Nigerian (419) Scam", so that should tell you how common it is. Howard or anyone else who mentions "Nigerian Bank" is not at all referring to actual Nigerian banks, people or the country itself.

If someome says, "I'm going to use the jonh", referring to a toilet, people named John do not get offended because it is not a reference to actual people named John. Same concept here. There is no need to get offended if you are Nigerian because the comment was not about you.

Posted by Mutumbi at August 28, 2010 12:07 AM

Mysticaria,

The completely dismissive and ignorant approach you take to a clearly offensive and racist comment is exactly what we have worked 200 years to combat.

Don't defend it as harmless. If someone accused all Americans as being red necks and toothless, you would equally rise up and speak out.

This was a completely unnecessary story that involved an ambitious and media-hungry father who was willing to serve up his daughter for a quick sound bite on television. Shame on him and shame on you for being supportive of a racist and offensive "joke" aimed at painting all Nigerians as scam artists.

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