What shouldI do if I’m pretty sure that my paycheck was signed and cashed by my boss?

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What shouldI do if I’m pretty sure that my paycheck was signed and cashed by my boss?

My ex-boss refused to give me my last 2 paychecks. He gave me a check stub for 1 of them that was for $0. I believe that he signed and cashed the other check. I filed a claim with the AG’s Fair Labor Division and got everything he owed me, including a pay history which shows a stub for the check that he didn’t give me. I have the check number and amount. How can I get a copy of the check from the bank to prove it was signed by someone other than me?

Asked on March 17, 2011 under Employment Labor Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It appears from the way that you have written the question that you have received the funds that you were entitled to by utilizing the Attorney General's Office in your State.  In order to subpoena records from a bank - which is really the only way that you would have to access another's account - it would have to be in connection with a legitimate purpose, such as a lawsuit (the only real legitimate purpose here).   You have no basis for a lawsuit here as you have no damages - you were paid.  Now, is the Attorney General doing anything about what happened on a criminal level?  Find out because if they are not pursuing a case ou may want to speak with your local DA's office or County Prosecutor on the matter.  Congratulations on successfully winning the money back and good luck in the future.


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