Legal Question in Employment Law in Arizona
The last 4-5 times I have tried to cash my paycheck (paid every other Thursday), I have had difficulties because the bank told me the check wasn't listed in their system. What does the law say?
1 Answer from Attorneys
This is really a banking question. Some companies have a payroll process whereby they communicate with the bank the check numbers that they are issuing. (This is done to reduce fraud.) If the check number is out of sequence from the check batches being sent to the bank, then they are not goint to cash it. I assume that you are not cashing it before the date listed on the check because you have tried 4-5 times. Sometimes payroll checks get out before payday and the batch sequence doesn't get transmitted to the bank until payday. This sounds like a clerical error made by your payroll department. See if they'll issue you a new check. If they won't, then it becomes a legal problem. When an employer intentionally withholds your paycheck they are subject to treble damges. (That's a legal terms that means if a court gets involved your employer will be paying you three times the amount of your paycheck.)
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