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!
