If I lost my paycheck and it was cashed, what are my rights?

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If I lost my paycheck and it was cashed, what are my rights?

I lost a paycheck and asked my boss to stop it (the check was endorsed and my boss new). He put a stop on the check 13 days later and as a result the check was deposited at someone else’s account. The bank says that It couldn’t do anything since check was endorsed and already deposited. The check was deposited 10 days after I asked my boss to stop payment on it. Now, he doesn’t want to pay me. What should I do in order to get paid? I have the text messages from the day I asked him.

Asked on October 1, 2012 under Employment Labor Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the pay check that you lost was deposited by a third party after you asked your boss to stop payment on it and myour boss delayed in doing so, then your employer should be required under the laws of all states in this country to issue you a new pay check at its own cost.

The key is how long of a time frame was there between your request for the stop payment and the deposit of the check by the person who found it.


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