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


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.

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.