Is it legal if my employer claimed they mailed my paycheck but I haven’t received it in over 10 weeks and they want to charge me to have a new one issued?

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Is it legal if my employer claimed they mailed my paycheck but I haven’t received it in over 10 weeks and they want to charge me to have a new one issued?

I changed my address and got direct deposit but have not been giving 2 of my paychecks. My 1 paycheck and my 10th paycheck. They claim it’s the post office’s fault and will not resend or deposit my paycheck. Can I take legal action on them to get my paycheck? If so, how much would it cost me?

Asked on August 23, 2018 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They are obligated to pay you. If they have not, you could sue them for the money. Even if they claim to sent you the checks, unless they can prove delivery to you (e.g. if they'd been sent certified mail) or that you cashed/deposited them, a court can order them to pay the money again--IF the check has not been cashed/deposited by anyone. If the check was cashed, etc. by another, your recourse is not against your employer, which sent the check out, but against the person who stole it--you would have to sue the person who took your money, since the employer does not have to pay the same paycheck twice. But if the check has not been cashed, they be required to stop pay or cancel it and reissue the money to it. Suing in small claims court is a fast, cost effective option.


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