Daughters check was stole from work and cashed back in November 2016.

My Daughters pay check was stolen from work and cashed around 11/29/2016. Her signature was forged. She has went through all the proper channels. They caught and fired the person responsible and will not cut her another check because it was cashed at a bank. She filled out all the paper work and has been trying to get her money and has still not been paid. She works for a Corporate McDonald’s in Michigan and they refuse to tell her the bank the check was cashed at so she can not call the bank to see what the hold up is. In the mean time she has had to pay taxes on a check she never received. That is about 178 she could use for college. How can she motivate the bank to get her money to her seeing that it was their fault they cashed the check to begin with.

Asked on March 9, 2017 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

How is it the bank's fault? You write that her signature was forged. If there was a forged signature on the check (and so it's not the case that the bank cashed an unsigned check, which would be improper), then the bank did nothing wrong: it cashed a check that appeared to be endorsed. The bank is not liable for the actions of a criminal. Similarly, the employer is not responsible for the check being stolen. Even though the impact on your daughter is unfortunate, in this case, the bank and employer both appear to be innocent of any fault. Your daughter can sue the person who stole her check for the money--that's her potential remedy or option--but that won't help if that person doesn't have the funds to pay: a court judgment in your favor does not money appear where there is none.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

How is it the bank's fault? You write that her signature was forged. If there was a forged signature on the check (and so it's not the case that the bank cashed an unsigned check, which would be improper), then the bank did nothing wrong: it cashed a check that appeared to be endorsed. The bank is not liable for the actions of a criminal. Similarly, the employer is not responsible for the check being stolen. Even though the impact on your daughter is unfortunate, in this case, the bank and employer both appear to be innocent of any fault. Your daughter can sue the person who stole her check for the money--that's her potential remedy or option--but that won't help if that person doesn't have the funds to pay: a court judgment in your favor does not money appear where there is none.


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