What should I do if my paycheck was stolen and cashed?

UPDATED: Oct 1, 2022

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What should I do if my paycheck was stolen and cashed?

I worked for a privately owned nation food franchise for 3 or 4 days. When I went to pick up my check they

said they couldn’t find it and for me to call at 1100 the next morning to talk to the general manager. When I called, he told me that I already signed for and cashed 2 checks. I was not even aware there were 2 checks. When I went up there in person the manager told me they filed a complaint with the bank. I’m not really sure what to do or how to insure I get my money.

Asked on December 1, 2018 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They have to reissue you the checks, and you could sue them if they don't. Their obligation is to pay you: if they lose the money, give it to the wrong person, have it stolen, etc. before you pick it up, they are still responsible to pay you. That the checks were stolen from them does not discharge their obligation to pay your wages. If they had given you the checks and you were pick-pocketed 10 seconds later, that would not be their problem--once you have the money, what happens next is your responsibility. But here, you never received the money.

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