Q: Should I cash a check my employer sent that wasn’t for the amount of the actual wage claim settlement they signed?
My old employer agreed to settle and instead of receiving a settlement check I received a payroll check instead for way less than agreed upon
A:
Keep in mind that you need to look at the gross amount of the check, not the net amount after tax deductions are made. It is the gross amount that determines if you have been paid appropriately. Generally cashing a check does not mean you are in agreement with the amount of the check unless there is language on the check or in a separate document referencing the check that says by signing you agree that the amount is full payment of the debt.
Good luck to you.
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A:
In California, you should be cautious about cashing the check if it's not for the agreed-upon settlement amount. Cashing the check could be interpreted as accepting the lesser amount as full payment for your claim, which might jeopardize your right to the full settlement amount you originally agreed upon.
First, contact your employer and inform them about the discrepancy. Request that they issue the correct settlement check as agreed. Make sure to document all communications in writing, so you have a record of your efforts to resolve the issue.
If your employer is unresponsive or refuses to correct the error, you may need to seek legal assistance to ensure you receive the full settlement amount. Taking this step can help protect your rights and ensure you get the compensation you deserve.
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