Legal Question in Employment Law in California
My employer gave my paycheck to another employee by accident. Now they won't reissue a new check, they want the employee who cashed my check to pay me in a personal check or cash. Is this legal? it sounds strange to me.
2 Answers from Attorneys
Since it was their error, they have not complied with their requirement to pay you and provide you with a withholdings statement so it should be the employer's responsibility to correct. The fact that another employee cashed a check made out to you, possibly in an amount they did not earn is troublesome and should be addressed by the employer. if it refuses to do so, you can file a complaint with the California Division of Labor Standards Enforcement.
They must pay you regardless of their error, and try to get back the other money themselves. If they don't, go file a claim with the Labor Commissioner for help.
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