Why is this company telling me that I have to wait 12 – 18 weeks before they can even inquire about my paycheck that was stolen, possibly out of my mailbox, and cashed?

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Why is this company telling me that I have to wait 12 – 18 weeks before they can even inquire about my paycheck that was stolen, possibly out of my mailbox, and cashed?

I worked at home for a company. I’m in
PA and they are located in DC. My first
paycheck was mailed to my house. After 2
weeks of not receiving it I found out it
was stolen and cashed. I filed a police
report. Then the company made me pay to
have a form for fraud, I believe
notarized and sent certified mail. I am
told that after the form is received
which has been, I had to wait 12 – 18
weeks before the company can even
inquire about this case. This makes no
sense to me. Why should I have to wait
months before they can even look into
the claim? What are the proper
procedures and wait times in order for
me to be reimbersed?

Asked on October 19, 2019 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If it was mailed to an address you provided, they don't even need to re-issue the check to you. The employer's obligation is to send you payment the way or to the address you specify; once they do, however, it is then stolen (e.g. from your mailbox or directly from you), that is not their responsbility, because they did what they are supposed to. A theft after it is sent to the address, etc. you specify is your responsibility, not the employer's--e.g. if you can determine who took it, you can sue them  or press charges; if you can show it was cashed by someone who should have cashed it, you maybe able to sue the check-casher for compensation.
Since it appears, based on what you write, that your employer is not required to do anything, you are actually fortunate if they help you at all, and have no way to make them look into this or take action faster.


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