If I found an uncashed check from my former employer, do I have a right to request a replacement check 3 years later?

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If I found an uncashed check from my former employer, do I have a right to request a replacement check 3 years later?

I worked for the company for 3 months. Somehow I misplaced my last check
(for $1745) and then forgot about it. I found it 2 days ago. The company was purchased by another company since then. I called them and left a message for their accounting personnel but haven’t received an answer yet. What are my options and/or rights?

Asked on October 26, 2011 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Getting a replacement check three years later is going to be tough, but not impossible.  Under Texas Law, a company is generally only required to keep a check active for cashing for about six months.  This is a general rule, but you still may have some options.  The first one you are already doing.  The worst they can tell you is "no", we're not giving you a replacement check.  The second option is to have an attorney send a basic demand letter.  This is a fairly inexpensive options since it just involves the writing of a letter.  The amount of $1745 is somewhat difficult to forget, but it may not be very cost effective to file a full blown lawsuit.  A third option is to contact the Texas Workforce Commission.  They can help with some wage claims.  They may also be able to help with a simple reminder letter to the company that the wages are due. 


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