04-24-2008, 09:08 AM
I recently misplaced my paycheck that was only $19.38. I requested to have it replaced from my employer, but they said it would cost $25 for a replacement. If I submit in writing that my paycheck was lost to my employer are they obligated at some point in time to give me my money back? What recourse action do I have is any? It's not the amount of the $$, it is the principle of the situation. Is it a law in Virginia that employers must turn over unclaimed wages to the state?
04-24-2008, 09:30 AM
It is not uncommon for employers to pass through the stop payment charge to employees when they lose a paycheck. To my knowledge, although I am not at my home office where I can confirm this, such a policy is not a violation of law in Virginia.
Yes, all states have escheat laws regarding unclaimed wages. If you like, you can simply wait until the required period has elapsed (one year in Virginia) and file to get it back from the state. Put a flag on your calendar for about a year from now, then start checking the state website for unclaimed property. It will take a while for it to get there.
04-24-2008, 09:37 AM
Is there any way the employer can get around not turning over the unclaimed wages to the state?
04-24-2008, 09:52 AM
In some states, the employer does not have to provide employee-level detail of unclaimed wages that are escheated to the state if the check is under a certain dollar amount. They can just send the money in a lump sum of all such checks. Not sure if there is such a minimum in Virginia, but I'll post back when I get home from work and can check my sources. Hang in there, I will post an update.
Not the question, but this is one advantage to direct deposit.
04-25-2008, 11:56 AM
OK, I checked. If the check is less than $100, the employer doesn't have to report the name of the payee and the amount to the state. They can just add all those less-than-$100-checks together and report it as a total.
So, unfortunately, principle isn't going to get you much here. Since the charge is more than the check, you may decide to just drop it. Doesn't seem fair, but the state won't have the records for you to get it back from the state at a future date.