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lost paycheck stop payment charge

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  • lost paycheck stop payment charge

    Should the employee be charged by the employer if the payroll check got lost in mail and the employee demands a replacement check? Are there any California laws that require the employer to issue a payroll check replacement without charging the employee or that allow the employer to charge the employee the amount charged by the bank for the check cancellation?

  • #2
    California law generally states that the employee must be paid without incurring a fee to do so. My legal counsel when I was in management in California always advised against it. Our CA attorney should be along shortly and can confirm (or deny).

    Does the employer not offer direct deposit?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      No, they cannot make the employee pay for the replacement check, under these circumstances.
      Megan E. Ross, Esq.
      Law Offices of Michael Tracy

      Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.


      • #4
        Employee loses paycheck that was handed to her

        What about paying the replacement fee for the check when the employee is handed the paycheck, signed acknowledgement of receipt of check and then loses the check herself?
        We have to pay approx $45 fee for replacement of one check.
        Also, when an employee loses a check, are we allowed to tell them the replacement check will come as a separate check on the following payday?
        We are in California.
        Last edited by childstown; 07-01-2006, 06:23 PM. Reason: give the state


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