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  1. #1
    Join Date
    Oct 2008
    Location
    Austin, TX
    Posts
    10

    Default Replacement Checks

    I live in Texas.

    Two years ago, I had some paychecks stolen from my apartment. It's a long story, but these paychecks were returned to me a few months ago; however, my bank wont take them because they are so old. Soon after recovering my paychecks, I was fired for unrelated reasons. I subsequently emailed one of the owners (she does the payroll), explaining the situation, and requesting that she exchange the old checks for one that I can deposit. I also mentioned that because I am now unemployed, I am in dire need of this money so I can pay my rent.

    She replied, stating that it will take at least a week to verify taxes and pay history on the checks because they now use a different payroll system, with a different bank account (same bank - Wells Fargo). She said she will let me know when the bank gets back to her about the status of the funds.

    She had me put the checks (which I had already endorsed before they were stolen) in an envelope and take them to my former place of employment for her to pick up later. In hindsight, I realize that I should have made photocopies. I also realize that I should have done something to remedy the situation at the time that it occurred; I don't know what I was thinking.

    She has had my checks for 5 days now. I had hoped that she would issue a replacement check before beginning the research process, as my rent is due tomorrow. Is she under any legal obligation to do so? I worked for this company for 12 years. I'm not trying to pull some kind of scam; I just want my money. Should I ask her to write me a check now, while she's "waiting for the bank get back to her"?

    Thank you in advance for any insight on this matter.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Replacement Checks

    5 days is not that long for checks 2 years old. There is no "checking of taxes" involved or necessary, because we're dealing with net pay here only. She probably wants to verify that any or all of the checks weren't replaced already and she is prudent in doing that. There is no law that requires her to do any of this in any particular time frame.

    However, if the employer did what they were supposed to do, they would have already forwarded the money to the state as "unclaimed wages" after the checks had been outstanding for at least a year.

    You didn't do anything before now? Report them lost/stolen when the problem occurred?

  3. #3
    Join Date
    Oct 2008
    Location
    Austin, TX
    Posts
    10

    Default Re: Replacement Checks

    Thank you for your response, Patty. Yeah, I kind of got the impression that she was trying to make the situation appear to be a bigger inconvenience than it actually is. As far as her wanting to verify that the checks weren't replaced already, it's quite obvious that they are the original checks.

    I am not familiar with the "unclaimed wages" process. What ultimately becomes of money such as this? I guess I can Google it... Is it possible that they were just going to "pocket" my money? Over the years, they have proven to be rather unscrupulous people. (Her husband and his brother are the owners.)

    It wouldn't be out of character for her to try to blow me off or say that there's nothing she can do, hoping that I would just accept such an outcome. How much time is normally sufficient to complete something like this? At what point should I start to worry? We have been corresponding via email, so I do have proof of what has occurred so far.

    Thank you for your consideration.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Replacement Checks

    I understand they were the original checks. However, they could have had stop payments placed and had replacement checks issued already.

    Unclaimed wages, just like unclaimed property such as insurance proceeds where the insurance company can't find the beneficiary, are supposed to be sent to the state. If they had done that, the state would have a record of the checks and how much each of them were, and you could get your money back from them. Were any of the checks under $50 net?

    You can try the state Comptroller's website for unclaimed property and see if there is anything out there for you (anything over $50 would be listed separately under your name).
    http://window.state.tx.us/up/

    You could also ask her if the funds have already been escheated to the state as the law required. Would really make you sound like you know what you're talking about.

    OTOH, you've waited this long, you're probably not going to be real high on her list of things to do. Why didn't you report them lost/stolen at the time? I'm still not getting that part.

  5. #5
    Join Date
    Oct 2008
    Location
    Austin, TX
    Posts
    10

    Default Re: Replacement Checks

    About 2/3 of them are under $50. My former place of employment is a restaurant / bar; I was a waitress, so my checks were for my $2.13 hourly wages, hence the small check amounts. I just did a search on the Comptroller's website and my name is not listed. That is a useful resource to have, however. Thanks.

    I've been intentionally failing to comment on the reason I didn't report the checks stolen because it was an uncharacteristically stupid mistake on my part, and I feel like a complete jackass about it. I was hoping you would forget about that part.

    Btw, is escheated pronounced "es-sheated" (soft c sound)? Proper pronunciation is essential if one wants to avoid looking like a jackass.

    Sorry it's taking so long to post my replies. I'm having system board issues with my usual computer, and the backup system I'm using is running Windows ME (!) with inadequate memory, so I experience frequent application hangs. Very frustrating.

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Replacement Checks

    Quote Quoting Lisanthrope
    View Post
    About 2/3 of them are under $50. My former place of employment is a restaurant / bar; I was a waitress, so my checks were for my $2.13 hourly wages, hence the small check amounts. I just did a search on the Comptroller's website and my name is not listed. That is a useful resource to have, however. Thanks.

    I've been intentionally failing to comment on the reason I didn't report the checks stolen because it was an uncharacteristically stupid mistake on my part, and I feel like a complete jackass about it. I was hoping you would forget about that part.

    Btw, is escheated pronounced "es-sheated" (soft c sound)? Proper pronunciation is essential if one wants to avoid looking like a jackass.

    Sorry it's taking so long to post my replies. I'm having system board issues with my usual computer, and the backup system I'm using is running Windows ME (!) with inadequate memory, so I experience frequent application hangs. Very frustrating.
    I think I may have an idea, so we can drop it.

    The problem is that, for individual checks under $50, the employer doesn't have to provide the payee/amount detail to the state. Just, for example, "8 checks = total $125". It's "cheat" as in Your Cheatin' Heart.

    So there isn't much you can do but wait for the employer.

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