If I found an uncashed check from my former employer, do I have a right to request a replacement check 3 years later?
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If I found an uncashed check from my former employer, do I have a right to request a replacement check 3 years later?
I worked for the company for 3 months. Somehow I misplaced my last check
(for $1745) and then forgot about it. I found it 2 days ago. The company was purchased by another company since then. I called them and left a message for their accounting personnel but haven’t received an answer yet. What are my options and/or rights?
Asked on October 26, 2011 under Employment Labor Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Getting a replacement check three years later is going to be tough, but not impossible. Under Texas Law, a company is generally only required to keep a check active for cashing for about six months. This is a general rule, but you still may have some options. The first one you are already doing. The worst they can tell you is "no", we're not giving you a replacement check. The second option is to have an attorney send a basic demand letter. This is a fairly inexpensive options since it just involves the writing of a letter. The amount of $1745 is somewhat difficult to forget, but it may not be very cost effective to file a full blown lawsuit. A third option is to contact the Texas Workforce Commission. They can help with some wage claims. They may also be able to help with a simple reminder letter to the company that the wages are due.
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