Old paycheck

[Indiangirl]

Jurisdiction

California

I found an old cheque dated 2003 when clearing out a dresser in our room. It's an employer I used to work with till last year. The HR person said that they don't use the same payroll system. Does that mean they don't have to pay me? It's about $350. I wonder why and how their audit system didn't alert them. Do you think I will get the money they owe me? Thanks in advance for your responses.

 

[army judge]

I found an old cheque dated 2003 when clearing out a dresser in our room. It's an employer I used to work with till last year. The HR person said that they don't use the same payroll system. Does that mean they don't have to pay me? It's about $350. I wonder why and how their audit system didn't alert them. Do you think I will get the money they owe me? Thanks in advance for your responses.

It was your PAYCHECK, madam, and you wonder how your employer failed to notify you.
I've worked with several people who never bothered to cash their paychecks.
Why?
To the man or woman, I was told the money wasn't needed, as work itself was the reward they sought.

Contrary to popular misconception, checks don't go stale after a specified number of days, or months.

The Uniform Commercial Code, which is a standard set of business laws that governs financial contracts and has been adopted by most states, seems to say that a bank does not have to accept a check more than 6 months old. The Federal Reserve's Regulation CC says a bank does not have to deposit a check if it has reasonable doubt -- such as if the check is old -- as to whether the bank on which the item is drawn will pay the receiving bank the money.

Any bank is free to cash a check if it believes the check is presented "in good faith."

Heck, even a notice of the check indicating the check is VOID if not cashed after 30, 60, or any number of days is meaningless. Banks can overlook such verbiage at the bank's discretion. You as the holder of such a check can send the check for collection, assuming you find a banker who knows what that means these days.

Now a paycheck is another matter, but so is escheatment.

This blog explains it in great detail, but its my belief that your employer simply escheated the money to the state of California.

The Employee Rights on an Uncashed Paycheck

Your money might be in the safe hands of California's Controller.

You may be eligible to file your claim online if:

• You are the only owner listed for the property; and,
• The property value is less than $1000.

You might try contacting the state of CA, here:

California State Controller's Office : Unclaimed Property Main Page

 

[Indiangirl]

Thanks for your reply. My HR wants me to drop off the old paycheck with them till they process a new one and look into it. Is it a good idea to give it to them? I gave them pics of it already. I don't mind showing the original to them but I'm worried to leave it behind with them. Please advise.

 

[army judge]

Thanks for your reply. My HR wants me to drop off the old paycheck with them till they process a new one and look into it. Is it a good idea to give it to them? I gave them pics of it already. I don't mind showing the original to them but I'm worried to leave it behind with them. Please advise.

I'd simply send them photocopies, email them a ".png" or ".jpeg" of the item, or fax a copy of both sides of the check to your employer. On the face of the document and the reverse I'd PRINT in BIG, BOLD MARKER - "VOID" on the endorsement line and on the face of the document.

I'd advise the company that upon the preparation of a current check, you'd be happy to exchange the OLD CHECK in person.

You could make a couple photocopies for yourself in lieu of doing what I suggested above.

Either approach should serve to protect your interests.

It isn't as if its a $350,000,000 cashiers check, is it? LOL

 

[Indiangirl]

I got a reply from my HR person saying that she won't reissue another cheque. According to her, she doesn't know if this check was cancelled and another one reissued in its place. She thinks they might have reissued me another one in due course. Since there is no way to verify and they don't have access to these records she doesn't want to pay me. Is that fair?

 

[army judge]

I got a reply from my HR person saying that she won't reissue another cheque. According to her, she doesn't know if this check was cancelled and another one reissued in its place. She thinks they might have reissued me another one in due course. Since there is no way to verify and they don't have access to these records she doesn't want to pay me. Is that fair?

If I found myself in your shoes, I'd make a couple photocopies of the check.
I'd then take the check and one of the photocopies to the HR person.

I'd give her or him the check and ask her or him to write the following statement on the photocopy of the check:

"I received from JUSTIN CASE, one paycheck dated October 4, 1492 in the amount of $3,400,000.00 US Dollars payable to one JUSTIN CASE.

Crispy Crackers Co. collected this check to investigate if we owe JUSTIN CASE this money.

Signed, Henrietta Rowe, Crispy Crackers Co. - HR Rep

Signed, JUSTIN CASE (former Crispy Cracker Co. - Cracker taster

Dated: 09-22-2015 "

You could have the statement printed on the photocopy of the check, and all Henrietta and you have to do is sign it.

Make it easy on yourself, and the other guy is more likely to help you.

Fair or not, your only option is to sue in small claims, if the company won't budge.

If you never get the money, it won't destroy you.

You didn't know you had the check for several years.

You win some, you lose some, and most don't matter.