Legal Question in Workers Comp in California

Can a person dispute a pay rate upon return of disability and still cash the short payed payroll check?


Asked on 11/07/09, 4:03 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If you make it clear to the payor that you are not accepting the payment as being in full and give them a reasonable time to respond by objecting to your cashing the check or any part of it, you may cash it. Be sure to inform someone who has authority to act, get their name, hopefully have them sign a note saying you told them XXX on YYY. Do not just put payment in part on the check and cash it, as that is not notifying the maker of the check.

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Answered on 11/12/09, 5:26 pm
David Lupoff Law Offices of David B. Lupoff

I agree with Mr. Shers. If you would like a free consultation, please feel free to give me a call at 1.877.505.INJURY.

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Answered on 11/12/09, 6:30 pm


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