Can an employer legally pay their employees with a post dated payroll check?

Asked on August 28, 2015 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your pay must be available to you on pay day if it is not, then the employer has breached their obligations and you may have a leal claim against the employer. Of course, if the check does clear, just a few days or week later, there's no point, as a practical matter, to bringing a legal action i.e. suing or filing a complaint with the labor department the compensation you could receive is related to the injury or loss, and the injury or loss from having your check clear a few days late is, at least in monetary terms, so small as to not support receiving compensation and if the check does clear shortly after, then it will have cleared before the legal action or complaint even comes up.
If this is an ongoing pattern, then it probably is worth contacting the labor department, since they may be able to get the employer to pay you on time going forward if it's an ongoing pattern, it's also worth looking for a different job, since, this may indicate some financial problem on the part of the company, if they can't afford to pay you on time.


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