Is it legal to charge to reissue a paycheck whenI never received the original

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Is it legal to charge to reissue a paycheck whenI never received the original

Hello. While working at a fitness center for over a year I always picked up my paycheck at the office. 3 weeks after I quit I called the office to see if my check was ready and was told that it was mailed to my home. I never received it. Now the fitness center demands $25 that they paid to ADP for stop payment in the original check. and reissue the new one. I don’t know if the check was actually mailed to me or if it was mailed to a correct address, but meanwhile my old supervisor is holding my money until I give her $25 in cash. What can I do to get my money?

Asked on May 22, 2009 under Employment Labor Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can tell your supervisor that if she doesn't give you your check, you're going to file a wage and hour complaint with the State and ask for penalties for delaying your payment.

The Department of Labor will take your complaint and enforce your rights, if necessary.  If your former employer is smart, they'll realize that absorbing the cost of the supposed stop payment order is the cheapest way out of this -- because they will probably end up having to pay that on top of everything else.  It's their obligation to get the check to you, and you aren't required to pay for the postal service's mistake, if that's what it was.

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I personally never heard of that fee being handed off to the employee. If it clearly wasn't cashed than you very well may not have gotten it. The issue becomes it being worth your while to proceed on this matter because it will clearly be more expensive to hire an attorney than it would be to pay the fee.

I would advise you to call a local attorney if you have a friend who is an attorney they may make a phone call or even someone you call may offer to make a phone call. Sometimes that is all it takes to get things taken care of. It really is not something they seem able to do. You should look at your employment contract see if this is spelled out anywhere if it is than pay the money if you agreed to do so, if not present that and advise them you may seek legal counsel if necessary. Try to work it out without having to proceed in another direction.


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