Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My husband quit s job effective September 1. s company told…

Customer Question
My husband quit his job...
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: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
2/2/2016
Employment Lawyer: P. Simmons, Lawyer replied 2 years ago
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 36,943
Experience: Employment Law Expert
Verified

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.

Ask Your Own Employment Law Question
Customer reply replied 2 years 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?
Employment Lawyer: P. Simmons, Lawyer replied 2 years 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.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 36,943
36,943 Satisfied Customers
Experience: Employment Law Expert

P. Simmons 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

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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
I am going into mediation with the Labor commissioner office
Hi, I am going into mediation with the Labor commissioner office and my employer this week, I plan to ask for an amount equal to the financial loss suffered based on the Net Disposable Amount I should… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently had a payroll check voided by the company that I
I recently had a payroll check voided by the company that I work for and they have not made it right as as of today … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,427 satisfied customers
What types of contractor labor are not taxable, such as
What types of contractor labor are not taxable, such as commission , contract labor , contractor bid for labor only?… read more
Anne
Anne
Master Tax Preparer
1,328 satisfied customers
Fundamentally, labor-management relations are about
HRM 6 Question 1 of 20 5.0 Points Fundamentally, labor-management relations are about __________ - who has it and how they use it. A. motivation B. money C. power D. political authority Question 2 of … read more
Mr. Wilson
Mr. Wilson
Teacher
Master\u0027s Degree
200 satisfied customers
I registered with the labor board yesterday. they gave me
i registered with the labor board yesterday. they gave me statelegal.com to get a case started on a wrongful termination. I have a number and password ***** get started. Am in in the rite place? … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
158 satisfied customers
I recently filed a overtime wage claim form I mailed it in
HI I recently filed a overtime wage claim form I mailed it in to the department of labor friday … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have filed a complaint with the labor commission for
I have filed a complaint with the labor commission for discrimination, harassment and sexual harassment. I am having a panic attack because I am supposed to go to work tomorrow. I can't do it. I need … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
As an Human Resource and Payroll Manager, are there certain
As an Human Resource and Payroll Manager, are there certain employment laws I should be privy to?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,552 satisfied customers
Is it legal for an employer to withhold a payroll check from
Is it legal for an employer to withhold a payroll check from an employee when a non intentional loss occurred … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Lunch deductions from payroll but was never given the time
Lunch deductions from payroll but was never given the time to take my lunch … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If we are interviewing an applicant for a field laborer
If we are interviewing an applicant for a field laborer position, are we allowed to ask them if they have ever experienced a previous work injury, and if so, inquire about the circumstances surroundin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Could you tell me what the wage and labor laws regarding an
Hi, could you tell me what the wage and labor laws regarding an individual possession two W2 positions? the 2 companies have zero conflicts with the other in terms of competition. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
If an employee who handled payroll, and they add extra money
if an employee who handled payroll, and they add extra money to a payroll check and the employer signs it. And then after employee was fired it was found, what type case is it. does it fall in civil c… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
My employer has failed to meet payroll dates. My wages were
My employer has failed to meet payroll dates. My wages were due Feb 5th for all of January. This morning he offered me $500 dollars cash towards my January wages. I replied that I want my entire check… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was visited by a wage and hour investigator from the us
Hello. I was visited by a wage and hour investigator from the us department of labor in Mcallen, Texas. He asked for 2 weeks payroll information and interviewed two of my employees. He spoke to my man… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,552 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
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
Can a claim be made to the labor board when payroll is
Can a claim be made to the labor board when payroll is deducted for medical insurance, but medical insurance was cancelled and funds have not been returned to employee? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 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