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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 33103
Experience:  Employment Law Expert
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My husband quit s job effective September 1. s company told

Customer Question

My husband quit his job effective September 1. His company told him that due to policy he would not be paid all of his vacation time, and any commission not due to be paid before his last day would be forfeit. We filed an L & I claim and were denied, so we chalked it up to lesson learned.
Last week we received his W-2 and it seemed higher than it should be, so he requested copies of all of his pay stubs for the year. The last 2 checks were for the vacation and the commission they had said they weren't going to pay him. Instead of "advice" into our bank account, they were actual checks.
My husband told the payroll department that we never received the checks and to put stops on them and reissue. They came back today and told him the checks were cashed.
I think it is suspect that 2 checks mailed on individual days could have been stolen from our mail and cashed, but I guess anything is possible. I am suspecting that his former boss might have received them at the office and cashed them. Either way, someone else cashed the checks.
The company is requesting copies today to see where the checks were cashed, etc.
Is the company responsible for filing a police report? Are we? What steps do we need to take from here in order to get our money?
Submitted: 10 months ago.
Category: Employment Law
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The company is absolutely responsible to pay the wages they promised.

I agree with you...it seems suspect that they would initially deny a benefit, then claim it was mailed (and cashed) when you never received the check.

There is no law requiring them to file a police report. But the law does require they pay the money they owe.

If they refuse? You can sue them in small claims court to recover the money...and you can complain to WA department of labor and industries...this could be viewed as "wage theft" (you can file a complaint here: http://www.lni.wa.gov/WorkplaceRights/ComplainDiscrim/WRComplaint/default.asp )

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 10 months ago.
should we just ask his company to reissue the checks? They won't do that will they without them being able to recoup their money? Is the bank who cashed them at fault since they obviously did it with no id?
Expert:  P. Simmons replied 10 months ago.

They have the obligation to pay you.

What you are describing? That has not happened.

So the first step would be to ask them to pay. IF they refuse? You can consider suing them or reporting them to the state.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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