Can my employer hold my final check because of the post office?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer hold my final check because of the post office?
My employer sent my final paycheck to the wrong address, and now says that I have to wait until the post office returns it. It’s been over 2 weeks now, and they refuse to cut me a new check. Can they do this?
Asked on August 10, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, they may do this. A check is negotiable instrument: if the original check is out there, then even if they put a stop payment on it, there's a chance someone could cash or deposit it. It is reasonable to wait until it has been returned for disposal before issuing a duplicate check.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.