Legal Question in Business Law in Washington

My husband quit his job effective September 1. His company told him that due to policy he would not be paid all of his vacation time, and any commission not due to be paid before his last day would be forfeit. We chalked it up to lesson learned.

Last week we received his W-2 and it seemed higher than it should be, so he requested copies of all of his pay stubs for the year. The last 2 checks were for the vacation and the commission they had said they weren't going to pay him. Instead of "advice" into our bank account, they were actual checks.

My husband told the payroll department that we never received the checks and to put stops on them and reissue. They came back today and told him the checks were cashed. They provided him copies of the cashed checks today.

I HAVE filed a police report, but am not sure what else I can do. I really don't have much faith in the police doing anything..and certainly not quickly.

Some things about it seem REALLY weird. Firstly I find it suspect that 2 checks mailed separately would happen to be stolen from my mail. Secondly one of the checks was cashed on the day it was written in Texas-where the payroll department happens to be (we live in WA) and the other 4 days after it was issued. All of the bank routing numbers for deposit are located in Texas.

My husband contacted the payroll department pointing out all of these things and let them know his suspicions that it was someone internally.

So my question is, what do we have to do now? Wait? My husband never got his pay, is there any recourse to force them to issue a check?


Asked on 2/04/16, 11:35 am

1 Answer from Attorneys

Charles Cruikshank Cruikshank Law Office-Since 1975

As complicated as your situation is, you are going to need some leverage to get them to reissue the checks.

Wages "willfully' not paid by an employer are subject to a 100% penalty against the employer and the employer can be made to pay your attorney fees, too.

Your former employer is probably going to ignore your demands, so a lawyer may be needed to leverage payment or a settlement out of them..

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Answered on 2/04/16, 12:48 pm


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