Is there a timeframe as to when a paycheck has to be reissued in the event that it is lost?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a timeframe as to when a paycheck has to be reissued in the event that it is lost?

My husband washed his paycheck and it was destroyed. He filled out the lost paycheck forms from his employer, had the forms notorized and even mailed the original copy to their corporate office. He has waited almost 2 weeks and it is still not re-issued.

Asked on December 16, 2016 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, unfortunately, there is no timeframe for this specified in the law--i.e. no timeframe for replacement when the emoloyer complied with its obligations and paid, but the employee lost or destroyed the check. They should do so within a "reasonable" time (which means a reasonable time to make sure the check will not resurface and be presented for payment, then a reasonable time for processing, etc.), but what is reasonable is subjective and not defined. Note also that if they incur any fees or costs, such as a stop payment fee, costs to reissue, etc., they can pass those on to your husband.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption