Legal Question in Employment Law in California
Keeping checks at work until it gets picked up by Employee
Hello,
I work in Southern california. If a current employee calls and requests us to hold his paycheck because he wants to pick it up at the office. Should we mail it after a couple of days? Is there a law on this? We have occasionally some employees who don't pick up their checks right away and months can go by and the checks are still in our safe. how long can we keep a check? Your help will be greatly appreciated
1 Answer from Attorneys
Re: Keeping checks at work until it gets picked up by Employee
You are leaving yourself open to a claim for penalties. If the employee doesn't pick up the check on payday, it should be mailed to their mailing address provided to you, if not directly deposited in their bank account. If the envelope in which the check was sent was returned, then, you are in a safer position by holding onto the envelope stamped, showing an unsuccessful attempt was made to deliver its contents.