How is possible to get reimbursed for an old uncashed check?

UPDATED: Oct 2, 2022

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How is possible to get reimbursed for an old uncashed check?

I just came across an old check from 2006 from my former employer for excess funds from my Flexible

Spending account. I didnt know anything about this check because it was placed in between my old documents and Ive moved around quite a bit since 2006. I called the claims office and they told me that I would need to contact my former employer as they would have refunded the funds. However, now my former

employer is saying that I would have had one year to re-open my claim otherwise the funds are forfeited. I

find that hard to believe because I paid from my bi-weekly salary at that time. I was still with the company until about 5 years ago and never knew about this check. Why can’t I just get my money back that was refunded to the company even though it’s been so long?

Asked on July 25, 2019 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is too late to do anything about the check. This would be a matter based on or "sounding in" contract: that is, on the agreement between you and the employer about the Flexible Spending Account. The statute of limitations, or time within which you would have had to file or start a legal action--such as one to force them to return the money to you--based on contract was only six years in your state; six years from when the money should have been paid to you, or 2006. That was 13 years ago, which means it is too late to file a lawsuit or legal action. If the employer refuses to return the money to you, as they are evidently refusing, you cannot bring a legal action to force them to do so.

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 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.

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