Is there a timeframe as to when a paycheck has to be reissued in the event that it is lost?

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Is there a timeframe as to when a paycheck has to be reissued in the event that it is lost?

My husband washed his paycheck and it was destroyed. He filled out the lost paycheck forms from his employer, had the forms notorized and even mailed the original copy to their corporate office. He has waited almost 2 weeks and it is still not re-issued.

Asked on December 16, 2016 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, unfortunately, there is no timeframe for this specified in the law--i.e. no timeframe for replacement when the emoloyer complied with its obligations and paid, but the employee lost or destroyed the check. They should do so within a "reasonable" time (which means a reasonable time to make sure the check will not resurface and be presented for payment, then a reasonable time for processing, etc.), but what is reasonable is subjective and not defined. Note also that if they incur any fees or costs, such as a stop payment fee, costs to reissue, etc., they can pass those on to your husband.


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