Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

Our company uses a payroll company to process our employees

Our company uses a payroll...
Our company uses a payroll company to process our employee's check. An employee cashed his check via the banking phone app that allows you to deposit your check, he then took the actual check and cashed it at a check cashing facility. This person was paid twice for the same check. The check cashing place is now coming after us the employer for the money as the check eventually bounced. Are we liable to pay the check cashing place even thought the employee did a fraudulent thing by cashing the same check twice?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 13 minutes by:
10/24/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,558
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Hello,

Thank you for the information and your question. Absolutely not, and hopefully, you have reported the check fraud to the police and have informed the check cashing place of that. They have a cause of action against the employee for the fraud, but if the check was already paid and deducted from your account once, then you made good on the check. I guess this is another unforeseen reason why direct deposit might be preferable. Not something I ever really contemplated happening, but it certainly is an opportunity for fraud.

You may want to turn this demand by the check cashing place over to a local attorney who can respond on legal issues. The other option would be to pay the check again and then sue the employee (hopefully former employee) for all the damages you incur as a result of the fraud.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

This happened a year ago is there a time limit on such things?

My goodness, well, the fraud could still be reported as the statute of limitations has not run. You could also sue the employee still if you paid and then went after them for damages.
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,558
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Marsha411JD and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,558
20,558 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,558 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
My employer knew she didn't have money to cover payroll 2
My employer knew she didn't have money to cover payroll 2 weeks ago and we are scheduled to get paid tomorrow and were not. What if anything can I do or do I just have to play the waiting game hoping!… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What you charge for helping with garnishment of payroll,
what you charge for helping with garnishment of payroll, bank accounts or putting leans on houses or property? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
My payroll company has not been paying out employee tips on
My payroll company has not been paying out employee tips on gift cards and checks. Who is liable for the unpaid tips? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I found that staff member that did the payroll who was hired
I found that staff member that did the payroll who was hired hourly overpaid her self 5 to 8 hours per week. When we confronted her she said that she would pay us back and she would resign. Now she is… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have a payroll overtime question. We pay employees Piece
I have a payroll overtime question. We pay employees Piece Meal (set amount per job) per a job that may last two or three days. say on Monday and Wednesday and Thursday we paid the crew a set dollar a… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I am responsible for submitting payroll to an outside
I am responsible for submitting payroll to an outside company. If my company misclassifies an employee as 1099, can I be held personally responsible? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
My employer keeps making excuses as to why payroll is
My employer keeps making excuses as to why payroll is delayed. I was payed for last payroll, but still havent been paid for payroll before that. It's been a month since that check should have been wri… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Not gettng paid weekly payroll check. With a manager who
with a manager who told him there was a gliche in the system … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Case Description Employer will not pay payroll that is owed
Case Description Employer will not pay payroll that is owed and has already billed company for work completed, continues to not pay wages to me and has been avoiding paying it on multiple requests, cu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Payroll payment dates: If payday occurs on a Saturday or
payroll payment dates: If payday occurs on a Saturday or Sunday should pay be made on Friday, i.e. - a day or two before the date ? With reference to this weekend, Monday is a banking holiday. Does PA… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
If I am on the payroll of a consultancy firm(W2), and I work
[Second opinion] If I am on the payroll of a consultancy firm(W2), and I work for one of their clients:i) can the consultancy firm file for my OPT extension?ii) do I need to be working physically from… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
My employee who works with payroll figured out commisions
My employee who works with payroll figured out commisions innacurately for a year overpaying them. I just had to fill in to do payroll and discovered this she already told these employees what the bas… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In Colorado, what payroll information must employers provide
In Colorado, what payroll information must employers provide employees? In this case the employee is eligible for tips in addition to salary. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Can my employer make automatic deductions to my payroll if I
can my employer make automatic deductions to my payroll if I make a mistake and he wants me to pay for it? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Are Corporate payroll records protected by privacy
Are Corporate payroll records protected by privacy regulations? That is, if I were to demand payroll details of a separate Corporation considered to be a joint employer who provided staffing services … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
Second opinion] Are Corporate payroll records protected by
Second opinion] Are Corporate payroll records protected by privacy regulations? That is, if I were to demand payroll details of a separate Corporation considered to be a joint employer who provided st… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
A company's payroll department fails to take a garnishment
a company's payroll department fails to take a garnishment on a pay check, can they double the garnishment payment the next pay period? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x