If my paycheck is stolen from company property and per their policy I did not sign for it, do they have to reissue the check?

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If my paycheck is stolen from company property and per their policy I did not sign for it, do they have to reissue the check?

I signed and notarized an affidavit of fraud and they tell me that it’s up to the bank that cashed the check to give me my money.

Asked on August 29, 2012 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

That does not sound correct.  If the check was cashed improperly then the bank against whom it is drawn (that would be your employers bank) should credit the funds in to the account.  Or they need to make an insurance claim for the funds.  But it should not be YOUR problem given the facts as you state them here.  I might contact the department of labor and ask what you need to do next.  Good luck.


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