Legal Question in Civil Rights Law in New York

Of course you have a case. The burden will be on you to prove that you did not endorse the check or cash it, but that shouldn't be too difficult. These days, it's nearly impossible to cash a check without presenting at least a drivers license.

If your employer won't re-issue a check, you could either file a complaint with the Department of labor or file a small claims action against your employer. But you would be well advised to consider the ramifications of doing either if you are still employed by the company. Consult with a local attorney and present your evidence to him and her and see what is recommended by counsel after reviewing the evidence.

Good luck!