IfI lost my paycheck from my work, are they required to cancel the existing check and issue a new one to me?

Asked on October 16, 2011 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, if the paycheck was given to you--e.g. handed to you, put into your possession, etc.--they are not required to cancel the check and provide a new one to you. Clearly, they *should* do this, but once the check is physically in your possession, what happens to it is your responsibility. On the other hand, if it never go to you--e.g. it was lost in the mail; someone left it on your desk, but it was stolen or lost before you got to it; the bookkeeper misplaced it in his or her office; etc.--they have to reissue it. Since it's not always clear when a check was lost, it's appropriate for an employer to cancel and reissue it when in doubt; but technically, if there is no doubt but that you received the check, they do not need to reissue it.


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