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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 12957
Experience:  B.A.; M.B.A.; J.D.
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I left my company two years again June. Before I left I spoke

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I left my company two years again June. Before I left I spoke with my hr department about my pay and what I was supposed to get as a cash out. I was told I would get all monies owed to me. This included vacation time, paid time off, bonuses, any outstanding pay. Recetntly I discovered through the state if Illinois unclaimed property that I have a check that I didn't cash from my previous employer. I discovered that it was from 2008. I worked at the company until 2011. I was never notified about any outstanding checks any time prior to my leaving the company (3 yrs after the check wasn't cashed) nor was I notified when I left the company during my hr final interview. Can I push my old company for not notifying me of the check not being cashed prior to my leaving or not providing me the due amount when I left?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

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?

Customer: replied 1 year ago.
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). 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?
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. I'm afraid I am still in the dark as to the facts and exactly what you want from your employer since you say the State has your unclaimed property. Therefore, I am going to OPT OUT and allow another Expert to assist you.

I apologize ahead of time for any delay, but someone will be with you as soon as they are available. No need to respond to this information request as that will only delay your answer. Thank you.
Customer: replied 1 year ago.
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.
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


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:




http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2228&ChapterID=62



(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.

Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 12957
Experience: B.A.; M.B.A.; J.D.
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