Employment Law Questions? Ask an Employment Lawyer.
Hello,Thank you for the information, but I am afraid I don't know what it is that you wanting from your company and what you mean by "push my old company," can you explain? What is it that you want from them? Also, just to be clear, you left in 2011, did you receive your final pay then? Have you spoken to your company to find out what this 2008 money might be for?
A different Professional here. I will try to address your concerns:
I have ascertained a few pieces of info after this. On my exit interview when I left the company I did provide the proper address to the company. They mailed it to my old address. Hr has admitted they had my correct address and they sent it to wrong location. Secondly, I needed clarification but as I look at the laws for claiming a payroll check I have five years from when the check was issued before a business can claim it has been abandoned. Illinois law at that time was 5 years (please correct me if I am wrong).
Response 1: You are not wrong. It is still five years. See 765 ILCS 1025 Section 7:
(765 ILCS 1025/7) (from Ch. 141, par. 107) Sec. 7. All intangible personal property and any income or increment thereon, held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner has, within 5 years after it becomes payable or distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary. A fiduciary may deduct any actual cost incurred in connection with the administration of suspense, abeyant, and similar accounts arising out of its fiduciary, stock transfer, corporation trust, and securities processing activities but not to exceed 8% of the property remitted. If I am correct what I mean is can I force my former employer (Best Buy) to issue me my check even though its already been escheated to the state of Illinois?
Response 2: Yes, you can. Then the company can contact the State about the wrongfully escheated funds.
For clarification my former company sent the notification letter to the wrong address (a letter saying I had an outstanding check that wasn't cashed). So I didn't receive the proper notification since they sent it to the wrong address on file. They then sent it to the state. Also, my understanding of il law is any payroll checks are deemed abandoned after 5 years. If this is accurate then I have until 2013 to claim the check before they send it to the state. I simply want to know if I am accurate can I require my former employer to immediately issue me my check because they didn't follow the proper legal process? Namely, they it to incorrect address and sent it a year before they were legally allowed to.
Response 3: Yes, you can.
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