Can my employer hold my final check because of the post office?
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Can my employer hold my final check because of the post office?
My employer sent my final paycheck to the wrong address, and now says that I have to wait until the post office returns it. It’s been over 2 weeks now, and they refuse to cut me a new check. Can they do this?
Asked on August 10, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, they may do this. A check is negotiable instrument: if the original check is out there, then even if they put a stop payment on it, there's a chance someone could cash or deposit it. It is reasonable to wait until it has been returned for disposal before issuing a duplicate check.
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