mark2wheeler
New Member
I found a 2 year old paycheck.I know after 6 months banks may not honor it.I no longer work at the employer.Is the employer obligated to re-issue a replacement check?
2 year old paycheck found
- Thread Starter mark2wheeler
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You waited two years before considering to ask for a replacement?
To answer your question, yes the employer should issue a replacement if in fact the check is not honored by the bank. I am not familiar with your states laws, but you could likely still be within the SOL for wages. Not that I am saying you should take legal action, but being within the SOL would establish that the employer does still have a legal responsibility to issue a replacement. But I would take it into the bank to see if they will honor it first.
To answer your question, yes the employer should issue a replacement if in fact the check is not honored by the bank. I am not familiar with your states laws, but you could likely still be within the SOL for wages. Not that I am saying you should take legal action, but being within the SOL would establish that the employer does still have a legal responsibility to issue a replacement. But I would take it into the bank to see if they will honor it first.
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You can deposit that check but make sure you wait at least 10 BUSINESS DAYS prior to doing anything.
Do not take the check to a teller window, deposit it via an ATM. If the check does not have a valid stop payment on it, and it pays; the payor has only 1 business day to return the item. Once it has posted to their account and the recourse period has passed the check cannot be returned unless they ask their bank to initiate a late return (and those instances are very rare).
Now, it your employer has a service known as Positive Pay, they check should be returned to your bank quite quickly, so you will want to make sure you have not spent the funds.
Patricia_Young
New Member
Let's not go off half-cocked here.
Contact the employer before you do anything. I can't tell you the number of employees I've had contact me and say "I found this old paycheck, please replace it" and, upon research, found that I had replaced it and that replacement check was cashed at the time it was issued.
Plus, if you do deposit it and it comes back, you're going to get hit with a fee by your bank and I don't think you want that.
And, plus, although the employer doesn't have to escheat unclaimed funds to the state of Illinois for 5 years, it wouldn't have been a violation of law for them to have done it early.
Contact the employer before you do anything. I can't tell you the number of employees I've had contact me and say "I found this old paycheck, please replace it" and, upon research, found that I had replaced it and that replacement check was cashed at the time it was issued.
Plus, if you do deposit it and it comes back, you're going to get hit with a fee by your bank and I don't think you want that.
And, plus, although the employer doesn't have to escheat unclaimed funds to the state of Illinois for 5 years, it wouldn't have been a violation of law for them to have done it early.
mark2wheeler
New Member
so.....
The answer is yes?The employer has to re-issue a check?They can't say sorry too late?This is good.I'll offer some background.This is regarding my wife.It is really strange that she would not cash a 250 dollar paycheck.She can allways use more shopping money.She has no idea why she didn"t cash or deposit it and has no memory of asking them for a replacement if she had lost this first check.She came upon this check while going through some old papers.She quit the job after receiving an offer for a better job.She thinks they weren't happy she left.She's also I little embarassed about going back and meeting them.But for 250 dollars she'll do it.Thanks for your help regarding this.
The answer is yes?The employer has to re-issue a check?They can't say sorry too late?This is good.I'll offer some background.This is regarding my wife.It is really strange that she would not cash a 250 dollar paycheck.She can allways use more shopping money.She has no idea why she didn"t cash or deposit it and has no memory of asking them for a replacement if she had lost this first check.She came upon this check while going through some old papers.She quit the job after receiving an offer for a better job.She thinks they weren't happy she left.She's also I little embarassed about going back and meeting them.But for 250 dollars she'll do it.Thanks for your help regarding this.
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jharris352
New Member
The employer owes you the money if the check is not cashed.
mark2wheeler
New Member
thanks to all
This is a great resource.You attorneys who put your time in here are a credit to your profession.
This is a great resource.You attorneys who put your time in here are a credit to your profession.
Hello Mark,
Many of us are not attorneys. Most of us are business professionals. I gave you the advice from a banker's perspective and I am sure you received advice from an HR professional as well.
I hope things go well for you.
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