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 4 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.


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