8 month old paycheck

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loujan

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I found an 8 month old paycheck that the banks no longer honor. Does the employer HAVE to reissue or am I just out of luck?
 
I found an 8 month old paycheck that the banks no longer honor. Does the employer HAVE to reissue or am I just out of luck?

Why not ask your employer if they will reissue the check for you?

I've found a polite request is usually honored.
 
We did not part on good terms when I quit, so I'm not sure how she'll respond to this. I just want to know if, legally, she has to replace this check, since the money was earned. Thanks!
 
An employee might fail to collect a paycheck. The employee is fired or terminated his employment, resulting in an unwillingness to immediately return to the place of employment for the last paycheck. Regardless of the reasons for not claiming the paycheck, the money belongs to the employee. The employee has the right to receive the paycheck.

When an employee fails to claim a paycheck, it becomes a "stale dated" check. Some companies and businesses have definite time limits as to when a stale dated check is then voided. In the event a stale dated check becomes void, an employee can usually request a replacement check. At that point, a replacement check might be issued, and a stop payment process on the original check takes place. Naturally, the employee receiving a replacement check is not allowed to cash both the original check and the replacement check.

If an employee does claim he or she misplaced a previously paycheck, the employee should ask for the original check to be destroyed and a new one to be issued.

If the original check is over six months old, some banking institutions will not cash the check, claiming that it is a stale dated check. Different banks have different policies, however, and while one bank might not cash the stale dated check, a different bank might cash the paycheck.

If a former employee does not cash a paycheck, the employer typically holds on to the money. However, after a certain length of time -- usually between three and five years -- the paycheck amount is reported to the state as abandoned.

if that happens, the state takes ownership of the account. This process is "escheatment." The state maintains the account on its books and periodically posts notices about unclaimed property. The owner of the property can collect the money that is owed once the state establishes he is the true owner of the property.

However, the money the employee receives will only be the amount of the original escheatment when the state took control of the account. Any interest collected on the account is the property of the state.
 
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