Am I responsible for a lost paycheck?

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Am I responsible for a lost paycheck?

According to my old job, the last paycheck has to be sent out by overnight delivery. They didn’t have delivery confirmation, signature requirement nor tracking. I called the delivery service and tracked the package down and supposedly it was left on my doorstep on the 7th but I never received anything. In order to stop the payment and resend it again using (they are saying they can’t direct deposit), they want me to sign a paper saying if the check is cashed I owe them the money, plus the fees. I’m not responsible if whoever they left the check on doorstep cashes it. If I sign this paper can I be held legally responsible?

Asked on August 21, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, if you sign that paper, you would be legally responsible, since you would be contractually obligating yourself to pay those amounts. It is not unreasonable or illegal for them to require this: they have no way of knowing if you, a friend, a family member, etc. have the first check, or if its was lost due to your carelessness. Ergo, there is a chance that if they reissue you the check, both could be cashed and you could be responsible for it. Therefore, they are asking that you bear the risk of that happening.


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