Is it legal for a employer to cash your payroll check without your signature?

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Is it legal for a employer to cash your payroll check without your signature?

Asked on September 18, 2015 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not legal for anyone, employer or not, to cash or deposit your check without your signature or approval. Doing so, if not done as an innocent accident e.g. mistakenly signing and cashing your check thinking it was their own would be a crime you may wish to take this to the police if the employer does not correct this situation and stop doing it going forward. 
They may be pocketing the taxes instead of sending on to the government you may wish to contact the IRS and see if they've received your withholding. If not, this is theft and tax fraud, and you should definitely involve the authorities.


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