When I resigned from my job, my employer gave me a final paycheck. I
forgot to deposit it in the bank. Now two years later I found the
cheque. Since it has now become stale-dated I requested my employer
for a replacement cheque. They refused. Can they do that ? After all,
its my money.....

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Request for Question Clarification by tutuzdad-ga on 06 Jan 2003 11:23 PST

Where are you and your former employer located?

tutuzdad-ga

Dear chendilv,

While I can't give you a definitive answer,
and laws in each state differs...let me give
you my first thoughts on your question.

1) In many states (for instance, California),
the labor laws let you file a claim against an
employer, with the Labor Board, for up to three
years after the employment was terminated.
So, you would still have time. 

Unfortunately, in California, there's a weird
quirk in the Labor Code that looks at that 
three year date, backwards, from the date your
case is SETTLED by the Labor Board, not the date
you filed it. So, if it drags out to past the
three year deadline, you'd collect nothing. 
So, if you're in California, file immediately
and STAY on top of the case to guard that date.


2) In many states (for instance, California)
you can only sue on business 'contracts' 
for up to two years after the default
or breach of contract. So if the courts look
at it in that light,...you'll have a problem.


What I would do if I were you?

I would call my state Labor Board (or equivalent
agency) and ask them how to proceed to file a claim. 

Yes, it is your wages and you are entitled to the 
money. Unfortunately, they issued the check, so 
they handled your termination properly. It was your
oversight in not cashing it, so I doubt you'll be
able to get penalties from them. 

Good luck. 

Your TaxMama-ga

Clarification for tutuzdad-ga :
I am in Michigan right now.
My employer is in California.
At the time I resigned, I was in New Jersey.