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Pay A Check Twice

An employer pays an employee by check and that employee loses it and comes back wanting another check hasn't the employer met their obligation or should they replace it? Considering it was a $40.00 check and costs $20.00 to put a stop check on lost one and anyone could forge their name and cash it.

Moderator - Not sure the employer can do anything other than write it off as a business expense.

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 ---Darlene_1 on 9/7/12
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We all make mistakes. We all must live with the consequences of our mistakes, even if it is uncomfortable. Many checks have an expiration period. If this period is allowed to expire, and the employer CHOSES to cut a new check, they may. But they are not required to suffer a financial loss due to the employee's negligence.


---jerry6593 on 9/12/12


It seems to me that the "Godly way" to respond would be to replace the check.
---KarenD on 9/11/12

please define that for us. it seems God did some things in the bible that you do not consider "Godly".
---aka on 9/11/12


KarenD yes that has already been decided and the check has been replaced. Thank you for your input. Sometimes when an older person or any person is attacked and the person is coming at you with raised voice and with machine gun reasons things for which you have no responsibility are your fault it is hard to think. Once the person is gone and the stress removed then one can think and respond in the way they need to. Blessings
---Darlene_1 on 9/11/12


It seems to me that the "Godly way" to respond would be to replace the check.
---KarenD on 9/11/12


This person was not a sleazy employer but a commited Christian and the desire to respond in a Godly way was the reason for the question,not the manmade laws concerning it. Thank you though so much its always good to get many views. Blessings
---Darlene_1 on 9/11/12




FoC,

you venom defines you and you use it well.

i could not figure out your point other than accusing an employer of misconduct when you did not have all the facts.

g day!
---aka on 9/10/12


i said give me the law specifically. otherwise, it is your opinion of the law.

like I said some people would make sleazy employers and you seemed determined to continue to prove my point!

and seeing you believe I have an opinion of the law and do not know employment law then you would be the sleazy employer hoping the employee would be too stupid to figure out there are laws to protect them from sleazy employers. hopefully you're just the fussy ignorant giver of worthless advice.

peace
---Follower_of_Christ on 9/10/12


//seems you are the fussy one! //

Whatever!

i said give me the law specifically. otherwise, it is your opinion of the law.

the money does not go back to them when it never left there in the first place if it does not get cashed.

then, i said to just wait for a reasonable amount of time.

also, i said if they have reluctance here, there probably is a good reason. hmmmm! seems there was.
---aka on 9/9/12


what law specifically?

//it is called taxes honey//

what? we do not know if this is payroll.


fuss? seems you are the fussy one! interesting people here suggest not paying employee making the employer a thief among other things. I mean you do get that an uncashed check would go back to the employers bank account, right? oh please say you do because it would be a shame you are giving out advice to an employer on employment law (you clearly do not believe exists) when you don't even know how a checking account operates? Are people on this site really adults or is everyone here in high school. I thought most answers were adult but now after this latest clueless post I'm beginning to wonder.
---Follower_of_Christ on 9/9/12


Thank you all for your opinions and advice. The check was not work on the side as one suggested. The help was paid fairly for the short time they put in. I've spoken to the employer and the check is going to be replaced. The employee won't be used anymore due to the fact they attacked the employer shouting its the employer's fault the check was lost because it was paid when the bank was closed. The employee also with raised voice blamed employer for the loss of her other job,being overdrawn at the bank and bad case of nerves while attacking the 94 year old employer. The check ends situation with peace.
---Darlene_1 on 9/9/12




Trish....Yes, I have read "YOUR" apology blog.
---KarenD on 9/9/12


the solution is simple: just wait. if the check clears, check the routing info. if it does not clear within 30 days, replace it.
the employer has done nothing wrong either way.
just because an employer might not replace the check does not mean the employer is not christian or compassionate. nobody here knows the details.

a check is cash if it has been signed by the recipient.

trish, you have nothing to be sorry for. your advice was about responsibility. those "laws" given are not law at all. the employer has no obligation here, and if they have reluctance here, there probably is a good reason.

i have misplaced a check much larger than that which was replaced because they trusted and liked me.
---aka on 9/9/12


FoC, it seems like you just like to fuss with people.

//The employee was paid by check and the employer is obligated to replace it by law//

what law specifically?

//it is called taxes honey//

what? we do not know if this is payroll.

// and without proof of cashing the employer would be in serious trouble with the IRS if the IRS were to ever do an audit. //

the irs is only concerned if taxes were not paid. the employer withholds a certain amount to pay their share. the employee would be in trouble if the income was not reported. 'i lost the money and the employer did not give me more' is not an excuse.

btw...i am an auditor.
---aka on 9/8/12


Follower: Before you get on your attacking high horse again, cut me some slack. I am not a labor lawyer. Therefore, I do not know all of the labor laws. I have never been an employer either. When I gave my thoughts, they were based on my experience as a social worker.

Now that I know what the law says, I can admit that my first response was wrong.

KarenD: If you have not read my apology blog, please do so. I am usually the first person on a blog to admit I'm wrong when I learn the reasons I am wrong about stuff.
---Trish on 9/8/12


"---Follower_of_Christ on 9/8/12"

Now that is both wisdom, and justice. Excellent posts.

One should never punish, or judge an employee for an occasional mistake.
Unless of course one, as an employer, has never made one, and that standard has been clearly set for anyone, and everyone under that ones employ. "should they replace it?" Yes, and write off the lost, if any, as simply a part of doing business. However, the bank is responsible for checking, via a legal, and valid document, the identity, and signature of any one presenting a check for payment. So there should be no lost for the employer.
---Josef on 9/8/12


FollowerofChrist...It would be the Christian thing to do as well. Seems like some people on this site don't ever lose anything but their salvation. LOL
---KarenD on 9/8/12


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To pay the employee again is ridiculous. The employee should take the loss.
****

This is why we have employment laws for people like you Trish, and because of you and the employers who think like you, there are laws to protect employees from employers who take the low road with a stick-it-to-the-employee approach. If the employee were paid by cash it would be a tough break for the employee. The employee was paid by check and the employer is obligated to replace it by law, it is called taxes honey, and without proof of cashing the employer would be in serious trouble with the IRS if the IRS were to ever do an audit. From many responses here looks like many people would be sleazy employers.
---Follower_of_Christ on 9/8/12


Employment law the employer must replace the check immediately. The bank is responsible for cashing checks if it was cashed fraudulently the bank would work it out with employer. If you are the employee than report the employer you can probably do a google search on employee rights for your state to find the agency that will assist you. If you are the employer understand by not reissuing a check you could be liable for hefty fees and fines for withholding wages by your state and possible additional monies owed to employee. It is irrelevant the cost associated to the employer as someone already stated it is the cost of doing business. If you don't want the responsibility of having employees don't go into business.
---Follower_of_Christ on 9/8/12


Yes, you need to replace it! But, that does not mean today. Even if you do a stop payment it will still take 10 days to know if it was cashed or not and then by whom.

I believe federal law states payment must be made within 30 days of work having been performed, which hopefully you did.

I would the bank how long a wait for a cancelled check to not clear is reasonable....
---chip on 9/8/12


The employer has met their obligation for the work done. It is not the employer's responsibility to enable the employees to be irresponsible with their wages. To pay the employee again is ridiculous. The employee should take the loss.

Now, if the employee is willing to pay to stop the check, and take only $20 for the balance of their earnings, then that would be your only other option.

Maybe taking a loss will teach this employee to be more careful with their earnings.
---Trish on 9/8/12


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I have seen this very thing happen about three times in my 45+ years as an office manager. The checks were usually more than $40 and we usually did not put a stop payment on the lost check. None of the lost checks ever went through the bank. Very few employers would be writing $40 checks. It sounds more like someone hired someone to do work on the side rather than a real employee.
---KarenD on 9/8/12


If I trust the person and the person needs the money . . . pray, and do what God has me do.

If it is not my money of my business, or if my business can't afford to pay extra, maybe it would be fair to make the employee pay for the $20.00 check stopping expense and pay the employee twenty dollars.
---willie_c: on 9/8/12


if my employer gave me $40 cash, and I lost it, then the employer has no obligation to give me more. a check is like cash.

if i were the employer, i would not stop payment, and i would be very slow to replace the other one.
---aka on 9/8/12


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