Palm Desert, CA asked in Employment Law for California

Q: My former employer sent a settlement check signed in red ink. Wells Fargo destroyed the check, my lawyer won't respond.

I reached out to the former employer, they haven't responded either.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: The color of ink used on a check shouldn't affect its validity, and Wells Fargo's destruction of the check is concerning. You should document everything that happened, including dates and names of any bank representatives you spoke with.

Since your lawyer isn't responding, you may want to file a complaint with the California State Bar Association. They can help address unresponsive attorney issues. Additionally, send a formal written request to your former employer via certified mail requesting a replacement check, and keep copies of all correspondence.

If you continue facing obstacles, consider filing a complaint with the Consumer Financial Protection Bureau about Wells Fargo's handling of your check. You might also want to consult with a new employment lawyer who can help pursue both the settlement payment and potentially address any damages caused by the delay. The California Labor Commissioner's Office might be able to provide additional guidance on your situation.

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