Can I be responsible for a check that my employer put a stop payment on?

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Can I be responsible for a check that my employer put a stop payment on?

I got a check and had it for two weeks before I cashed it. A week after, I cashed at check cashing place my employer put a stop payment and told me she that she had said not to cash it. I never received the message. Now the check cashing place says that I’m responsible for the money.

Asked on May 1, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you are responsible to the check cashing place for the money, because they gave you money based on a check you presented to them; when that check was dishonored and not paid to them, you have to return the money you received from them. You are responsible, not your employer, because you, not your employer received the money. 
If your employer should not have stopped the check and still owes you money (e.g. wages) you can sue you employer for the money they owe you--but you still have to repay the check cashing place.


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