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  • Law in Texas

    This happened to me. I am in Texas. My employer says I have to pay the stop payment fee. Is that even legal here? How can I find out? Thanks!

  • #2
    Are you talking about a check that was sent to you & lost in the mail or given to you & lost & they want you to pay the stop payment fee & then they will issue you a duplicate? Thanks.

    (usually this is legal/allowed)
    Last edited by Betty3; 02-22-2009, 04:33 PM.
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    • #3
      Agree that this is legal in Texas.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Does the employer offer direct deposit?
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          No, the employer does not offer Direct Deposit. The check was mailed to me for 2 weeks worth of work, but I never received it. For all I care, they could not even have mailed it but are telling me they did and I have to pay the stop payment fee for them to cancel it and reissue the check.

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          • #6
            Here is the section of the Texas Labor Code regarding delivery of wages.

            Sec. 61.017. DELIVERY OF PAYMENT. (a) An employer shall pay wages through a means authorized by this section.

            (b) An employer may pay wages by:

            (1) delivering them to the employee at the employee's regular place of employment during regular employment hours;

            (2) delivering them to the employee at a time and place agreed on by the employer and employee;

            (3) sending them to the employee by registered mail, to be received by the employee not later than payday;

            (4) delivering them in a manner similar to a manner specified by Subdivision (1), (2), or (3) to a person designated by the employee in writing; or

            (5) delivering them to the employee by any reasonable means authorized by the employee in writing.
            http://www.statutes.legis.state.tx.u...aspx?key=la.61

            Now, this does not necessarily preclude the employer from passing the stop payment fee through to you, but if you didn't authorize in writing for them to mail the check, they would be in violation of this section of the Code, for which you could report them to the TWC.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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