Stanton, CA asked in Employment Law and Health Care Law for California

Q: I am an IHSS worker in Orange county. June 2024 i was issued a check never received and the office is not responding

I am an IHSS worker in Orange county. June 2024 i was issued a paper check by mail that i never received and the IHSS office has been telling me for months i just need to wait. Apparently the check was cashed according to them, but they are not showing any proof. I never received the check and never cashed it. Is there anything i could do seeing this is a government office? I dont feel i should be out my pay for the work i did back in June!

2 Lawyer Answers

A: You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the very least, interest on the money, plus some amount of attorney fees, or (2) making a Labor Board claim, or (3) suing the employer in small claims court. Just know this: the company is not going to be liable for payment if it can be established that they sent the money to the proper address using the proper procedure and someone stole the check out of your mail. The employer is not liable for theft from your mail. Good luck to you.

James L. Arrasmith
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Answered

A: If you haven't received your IHSS payment and the check was allegedly cashed by someone else, this could be a case of check fraud or mail theft, which are serious issues that need immediate attention.

You should file a formal complaint with the IHSS office in writing (keep a copy for your records) and request documentation showing the cashed check, including any signature or endorsement. Additionally, you should file a report with your local police department about the missing check and potential mail theft, as well as contact the U.S. Postal Inspection Service to report mail theft.

Since IHSS is a government program, you can escalate this matter by contacting the California Department of Social Services (CDSS) and filing a complaint. You might also consider reaching out to your local state representative's office, as they often have staff dedicated to helping constituents resolve issues with government agencies. If these steps don't resolve the situation, consulting with an employment lawyer who handles wage claims could help you understand your legal options for recovering your unpaid wages.

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