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  1. #1
    Join Date
    Sep 2013
    Location
    New York
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    3

    Question Theft of Paychecks

    My question involves criminal law for the state of: New York

    I was kicked out of my house while working for a place we'll call Employer. Because I didn't live anywhere near Employer anymore (I was living with a friend and had no suitable transportation), I had to quit without putting my two weeks' notice in and was unable to pick up my final paycheck(s). I returned a few weeks later after getting a ride from said friend to pick up my paycheck, but was informed that it was mailed to my parents' house, as it was the address I had used while working for them, but was informed they had to mail the check because they couldn't have stored it in the safe for me any longer, even though they knew of my situation with my parents and that the check would go to them and I would be there to pick it up as soon as possible. I understand that, but I don't doubt my parents either cashed the check or deposited it in a joint account at the bank that I had with them. If this did in fact happen, is there anything I could do to get that money back?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Theft of Money from Paychecks

    If this did in fact happen, is there anything I could do to get that money back?
    if your parents stole your money, you can sue them and/or report it to the police and if prosecuted, seek restitution as part of the deal.

  3. #3
    Join Date
    Sep 2013
    Location
    New York
    Posts
    3

    Default Re: Theft of Money from Paychecks

    I don't even know for certain how much money it was, I'm estimating at least $100 but that's the best I've got. Do I need to know a more precise amount to prosecute them for it?

  4. #4
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Theft of Money from Paychecks

    It is reasonable for you to ask the employer for prove that the check was actually cashed, including the front-and-back. This will give you what you are asking for.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Theft of Money from Paychecks

    Quote Quoting andromeda187
    View Post
    I don't even know for certain how much money it was, I'm estimating at least $100 but that's the best I've got. Do I need to know a more precise amount to prosecute them for it?
    how do you know it isn't setting on the table waiting for you to pick it up? How do you know they didn't just throw it in the trash? or mark it addressee moved and gave it back to the postman?

  6. #6
    Join Date
    Sep 2013
    Location
    New York
    Posts
    3

    Default Re: Theft of Money from Paychecks

    Quote Quoting jk
    View Post
    how do you know it isn't setting on the table waiting for you to pick it up? How do you know they didn't just throw it in the trash? or mark it addressee moved and gave it back to the postman?
    I don't know have evidence that they one-hundred-percent for certain did that (although I will be asking Employer if the check was cashed), but I do know based on character traits that, if it was at all possible for my parents to take that money (and it was), they'd have jumped at the chance. They took $3000 I had saved up out of a joint savings account when they kicked me out and bragged about it to other family members, among other similar offenses.

  7. #7
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Theft of Money from Paychecks

    Talk to the employer. Ask if the check was actually cashed. If not, request a stop payment and check replacement. If cashed, request front-and-back copies of the check. Keep it simple. The other things you mention are not legally significant.

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