Previous employer withheld a paycheck from me, does that entitle me to compensation?

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11-26-2012, 07:53 PM

#16

Brfatal

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Why not have said friend steal the paycheck from the safe and give it to you?

11-26-2012, 08:00 PM

#17

Gancherov

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Quote:

Originally Posted by Brfatal

Why not have said friend steal the paycheck from the safe and give it to you?

and settle for just $65? Who's going to pay for all the legal aid I-club provided?

11-26-2012, 08:06 PM

#18

SkizzDawg

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Quote:

Originally Posted by McLovinMyWRX

Just curious. So you're saying that if a company issues you a check for X amount of money by mistake, you cash the check and spend it, the company can come back to you and sue you for the money that was given to you by their mistake?

I know that when working (read that as Employed) for a company and if they over pay you, they are going to make it all work out, meaning your next check will be less what you were over paid prior. (have experienced this thats how i know)

And i could see a company taking a person to court for reimbursement if they over paid a person who was let go, $1K+ and that person cashed the check. But im no lawyer so i have no idea what legal ground they have.

11-26-2012, 08:23 PM

#19

Rescuer

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http://www.labor.ca.gov/
http://www.dir.ca.gov/LETF/LETF.html

Last edited by Rescuer; 11-26-2012 at 08:25 PM.

11-26-2012, 08:35 PM

#20

Lorry

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Quote:

Originally Posted by McLovinMyWRX

My first main concern is that the company will mostly likely claim that it was an error on their part and that it was covered in my final pay. Would they be able to void that check? I am currently searching high and low for my receipt of my final pay, but I can't find it... am I screwed?

They could have written a stack of checks with your name on for any amount of $$, but that doesn't mean that they owe them to you or have to give them to you. Finding the check in the safe is pretty much meaningless. Maybe it was awaiting destruction because you had already been compensated in the final payout...

Obviously they owe you for the hours that you have worked. You really need to find the receipt, and, ideally, any time sheets to support your claim.