If I lose my paycheck, does my employer have to issue another one?
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If I lose my paycheck, does my employer have to issue another one?
Asked on April 3, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the lost paycheck has not been cashed or deposited by another, and the employer can prevent it from later being honored (e.g. put a stop payment on it; report it as lost check), then they should have to re-issue you a check. If they don't, they will not have fulfilled their obligation to pay you for work done. They would be within their rights to make you wait until they can sure the lost check will not be honored, and/or to ask you to bear any costs they incur.
If the lost check is cashed or deposited by someone else, they would not have to re-issue it, any more than they'd have to re-issue a check if you cashed it, then were immediately robbed. So if you lost control of the check and someone else presented it, the employer is not responsible.
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