Legal Question in Employment Law in California

Can employer charge for replacement paycheck?

My employer mails my paycheck to me. I received one paycheck that the post office had torn into 3 parts, then placed in a ''we're sorry'' bag and delivered. Obviously I couldn't cash it. I mailed the 3 parts back to my employer who claims to not have received it back. In order to issue a new one, he insists he needs to place a stop payment on the old one and he says I have to pay him the $25.00 stop payment fee. Is this legal? I have had missing checks before and previous emplyers never tried to charge me for anything. Please help as he is holding up paying me!


Asked on 3/08/05, 3:07 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Can employer charge for replacement paycheck?

The short of it is, your employer is required to pay you timely. If he does not, statutory penalties attach. If you were to complain to the Labor Board, he might have to pay the penalties. At the same time, though, he might begin an illegal course of retaliation because of your complaint.

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Answered on 3/15/05, 7:21 pm


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