Regarding ‘theft’ of Paychecks
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Regarding ‘theft’ of Paychecks
My employer pays us every other Friday but, our checks show up on Wednesday. For those employees who want to cash their checks early they have to pay a $50 fine. The new GM, who is an aggressive hothead, decided that since nobody should need their paycheck early, to take them to his home. He removed our checks from the facility, put them in his car, took them to his home until Friday. That means he has access to all of our information, including how much we’re making. He can find that info out from corp. but it seems quite illegal to take them home. What happens if they’re lost or his car gets broken into and they get stolen? Now all of our information is readily available to whomever may find it or steal it. What action can I take against him for doing such a thing?
Asked on January 24, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can't take any action against him: a manager has the right to take payroll checks at home, to work on them at home, etc. There is nothing in them, as you point out, that he can't access anyway.
IF a check is stolen from him because he was careless with it (for example, left them in plain sight in his unlocked car), he could be personally responsible the amount(s) stolen.
IF someone uses information from the checks they obtained due to his carelessness to defraud you or commit identity theft, then (assuming you can prove the link between the wrong doing and his carelessness) sue him for any loss(es) you suffer.
But the above is only *if* something bad in fact happens and he was at fault in it happening. You can't stop him from taking the checks home in the first place.
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