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SueG
12-01-2005, 07:41 PM
Hi everyone - I am trying to settle a dispute with my employer. I am missing two paychecks. First question - my employer says I got the check, I say I did not. They want to charge me for replacement ($15 per check). Isn't the burden of proof on them to prove I got the check? Since they cannot, don't they have to pay to replace the check? I believe this is the case in California, but I have not been able to find any law to support this. Second question - What is the employer's obligation in terms of giving me my check (I am not eligible for direct depost as a part-time employee)? I have received my check in 4 different ways - handed to me from my supervisor, placed in my drawer by an unknown person, in my mailbox (not locked or secured) and in a general mailbox for mail going to my part of the building. Isn't this in itself a violation of laws? They are claiming they put the check in my mailbox, but even if they did, the mailbox is not secure and many people including non-employees have access to it. I don't believe putting the check in an unsecured mailbox fufills their obligation to distribute my check, but again I cannot find any legal support. Thanks for any help!

mtracy
12-01-2005, 11:00 PM
This is a duplicate with some additional info. The original is anwered here:
http://www.laborlawtalk.com/showthread.php?p=436443#post436443

I will now take up the additional item:

The opinion of the DLSE is that checks must be given "directly to employee in cash or negotiable instrument" (DLSE Manual 9.1.9). I don't think that there are too many ways to interpret the word "directly."

SueG
12-02-2005, 08:46 AM
I was able to find all the information you referenced, and this will be a big help for me.

SueG
12-15-2005, 07:58 PM
I was able to use my employer's internal grievance process to successfully resolve all these issues. Thank you for your help.

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