Legal Question in Employment Law in Florida

Old paycheck

I found an old paycheck that I forgot to cash - it is over 2 years old. Is my ex-employer required to reissue a new one? I asked them to give me a new one and they declined. Banks, of course, will not accept it. What are my options?


Asked on 9/05/06, 5:16 pm

2 Answers from Attorneys

Re: Old paycheck

You might try asking to speak to a manager or VP at the bank, especially if you are a good customer. Perhaps they can help. The check should still be good (the 2-year statute of limitations period is a separate issue) as it is legal tender (althought here may be commercial paper laws that apply). If the bank can cite a law or statute of limitations that says the check is no good, ask them for a legal cite (a statute or other law or regulation), then repost your question with that cite.

Good luck.

Jeff Sheldon

The Sheldon Law Firm

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.

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Answered on 9/05/06, 9:33 pm
Scott Behren Behren Law Firm

Re: Old paycheck

If it was less than 2 years old I would advise you to sue them for unpaid wages. The problem is that there is a two year statute of limitations on unpaid wages, so you may not now be able to bring a claim anymore.

Scott Behren

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Answered on 9/05/06, 5:23 pm


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