Get Legal Help Today
Secured with SHA-256 Encryption
My former employer refuses to pay my final paycheck. However, I found a check
that he had written me last month that was later replaced by a direct deposit. Can I
deposit it? Will I get in trouble ?
Asked on May 14, 2019 under Employment Labor Law, Texas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 1 year ago | Contributor
1) To collect your final check, you can either contact the state department of labor and file a complant or else sue in small claims court.
2) You cannot cash a check which was replaced by direct deposit without your employer's consent, because regardless of whether he owes you your final check now, that check was not for your final payroll--it was for something for which you were already paid. Depositing it would therefore represent being double paid for the same thing or same hours worked; worse, since you would be doing it knowingly, it would be a crime (a form of theft) to be taking money you know you are not entitled to because you were already paid.
3) You can, of course, ask the former employer if you can cash that check to settle the amount they owe you for the final payroll. If they agree, get the agreement in writing then cash or deposit 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.