Someone cashed my hisbands paycheck

My husband was told his paycheck was mailed out on a Wednesday. By Monday he had not received his paycheck and contacted his boss. Wednesday morning his boss contacted him and said he checked his bank, and that the check had already been cashed, but they could not track it yet as it seems it was not cashed at a bank, but possibly a party store or something like that. What would be the next steps to take? Is his boss obligated to issue a new check, or should we file a police report?

Asked on December 20, 2017 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the check was mailed out to the address your husband told the employer to mail it to, then the employer's liability or resposibility for the check basically ended when the employer put the check in the mail. If someone then intercepted or stole it, the employer is not responsible for that. Since the check was cashed after being mailed out, the employer has no more obligation to re-pay your husband than it would have if he had cashed the check and then had the money stolen from him. Your husband needs to file a police report and hope the thief is found, to get the money from him or her.


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