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Post dated checks. Florida

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  • Post dated checks. Florida

    Is it legal for an employer to issue an employee a post dated check?

  • #2
    It's not illegal per se. What is illegal (and I think it's a misdemeanor) is to give a check to a payee and it not be immediately negotiable (as in, funds in the bank at the time it is given).

    Care to provide a few details of your particular situation? Are the checks dated on the scheduled payday and just given out early? Or are they given out on the scheduled payday, but not dated until some time in the future?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      My wife's scheduled payday is every other Monday. Yesterday when the checks arrived, they were all postdated for today. The management gave the explanation that since it was a holiday(Martin Luther King day),and the bank was closed, they had to post date the checks. Her employer banks with Bank of America. Oh, and thank you for your help in this matter.

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      • #4
        Did they actually give her the check on Monday? What time of the day?

        The paydate was changed due to the fact that 1/19 was not a banking day. Florida law does not require the employer accelerate pay day when it coincides with a nonbanking day, weekend, or company holiday.

        See, details do matter.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Yes, they gave it to her testerday about 2:00 eastern.

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          • #6
            Theoretically, she couldn't negotiate it at a bank, but a grocery store or check-cashing place, maybe.

            Honestly, this is not a hill I'd be looking to die on. There is no wage and hour violation here and, to give the employer the benefit of the doubt, maybe handing it out was just for convenience's sake, so the employee's could run it into the bank on the way to work this morning.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thank you Patty, you've completely answered my question.

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