If I have 2 lost checks, do I have the legal right to be cut a new check?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have 2 lost checks, do I have the legal right to be cut a new check?
I work as a freelance photographer and have second shot for another
photographer. There been occurrences in which the other photographer
may/or may not have sent the checks but regardless I have not been paid for
2 jobs each being worth 300. Does this photographer have to pay a new
check if the old ones were not cashed?
Asked on February 25, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you lost your paycheck and it has not been cashed, although your employer may have paid you within the required timeframe, the funds are still in their bank account. Accordingly, they still owe you. State law typically does not state how an employer is supposed to replace a lost paycheck. However, you should receive the replacement check ASAP. If you do not, yu an sue for the amonuts due you in small claims court. Also, depending on the amount in question, you may want to have an attorney write a demand letter to them; seeing legal letterhead may just prompt them to get your check out.
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.