What to do if my paycheck was lost in the mail?

I am a contract to hire employee. My agency is to pay me by check via mail every Friday. I received my first 3 paychecks on time except for the 1 due last Friday. I have been told that it is “the Post Office’s fault” and that their corporate policy is to wait 10 business days before issueing a stop payment and re-issue my check. In the meantime I cannot afford to put food on the table or gas in my car to make it to my job. What can I do?

Asked on December 11, 2012 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can't really do anything, unfortunately. The employer fulfilled its obligation by mailing the check. It is not responsible for the fact that you live paycheck to paycheck and do not have a reserve fund. Therefore, since it honored its obligation and its proposed response in this situation is reasonable, you have no grounds to require them to re-issue the check more quickly.

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