employee claims she never got her check but we have the cashed check returned

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employee claims she never got her check but we have the cashed check returned

we have an employee who’s sister picked up her check and cashed it. she now says she is not her sister.
we have the signed logged of the said sister signing for the check.
what is our responsibility as a nj company in regards to replacing the funds. we suspect fraud.

best,

Asked on April 18, 2018 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Did the *employee* tell you to give the check to the alleged sister? If the employee did, then in giving it to someone who showed up and identified herself as the person whom you were told to expect, you did nothing wrong and are not liable if this person then stole the employee's check. Following the employee's instructions would protect you from liability. In this case, you do not owe the employee any money.
However, if the employee did not tell you to give the check to her sister, then you were negligent, or unreasonably careless, in giving one person's check to another person without instructions; that negligence would make you liable and you would have to replace the check.
So the key issue is, were you following the employee's instructions or not.


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