I did not receive my check from work from a fast food restaurant but somebody else had gotten it and they cashed it through a smartphone now they don’t want to reissue me a check how do I get paid

I had worked at the restaurant for 16
hours and had an emergency and had to
quit my check was up there for about a
month waiting for me to pick it up I
did not get it I got rehired and ask
about my check and they said that it
had been missing for about 2 or 3 weeks
and they would check into it they found
out that my check has been cashed
through a smartphone and refused to
reissue me a check and told me I would
have to do the footwork if I wanted my
check what do I do

Asked on June 15, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the check were stolen by someone, the employer is not liable or responsible for it: an employer (or any person) is not responsible for the criminal actions of third parties; and the check was waiting there so long (and hence was vulnerable) due to your own actions in quiting and not picking it up immediately. Under those circumstances, they do not need to issue you a new check. However, if their bank can identify who cashed it (ask them if they can get this information for you) you could sue and/or press charges against that person.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.