Q: Found an old paycheck never cashed, employer refuses to check books and reissue; is there time limit?
I found a paycheck (still attached to stub, never signed) in my desk drawer other day and deposited with my current paycheck. Didn't think anything of it, didn't realize the date at the time (it was 11/2015) Employer called upset because I didn't call first I just deposited and told me she was canceling the check. She also states that I only had 6 months to cash and will not go back to look into the books. It was an honest mistake, I should have called before depositing 2 checks at once but am I now out that money? The bank told me I should ask job to look into it and have them reissue but I'm being told it's too late and that they will not do so. I worked for that pay and although it's been a while and I still am employed there shouldn't there be something that can be done? Is the employer right and because it was so long I am no longer entitled to those funds? I'm just trying to get some as to what to do next.
A:
No worries. The statute of limitations for wage loss in New York is 6 years. Anyone who is not compensated for hours worked can claim unpaid wages.
You may need to contact the Department of Labor.
But before you do that you might want to give a heads up to the employer that your next step will be a formal complaint. Yes, it is your fault. But the employer does not get a windfall profit just like had you been overpaid you would have had to pay the money back to your employer. Let the employer know they have to pay you and they will. No one wants the DOL to be looking into their pay practices whether or not it was your fault. Good luck. Keep the original checks in case you need them for small claims court worst case scenario. Just provide copies to them.
A: The check is stale. While you are entitled to the money, you are going to have to sue for it. The burden is on you to prove you never got money for those hours. You are going to have to check your records.
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