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Employee is in jail for check fraud. She is asking for her…

Customer Question
Employee is in jail...

Employee is in jail for check fraud. She is asking for her last check to be given to a friend that is going to see her in jail.... I said company will send her last check to the address on file. She can go from there. Question> do I need to make it certified or any proof of delivery is satisfatory?

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Our company has filed a report and she walked out of the company in handcuffs

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. Just want to be safe releasing her check...

Submitted: 7 months ago.Category: Legal
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Answered in 3 minutes by:
12/6/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,998
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You do not need to make it certified, but if the employee asks you to send their check to a different address, you can require them to provide you that request in writing to prove that the employee requested that it be sent elsewhere or given to someone. Once the employee does so, you can release it as the employer requests. If you send it to a last known address, knowing the employee is in jail and may not live there any longer that is not going to absolve you of still owing them the money.

So you need to ask them to send you instructions in writing for their last check and you need to comply with those instructions to be safe.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
Thank you.
I want to make sure I am doing the right thing. I thought about asking for hand written instructions but I didn't think they would be valid because I was assuming that she ( or anyone pretending to be her ) could do that. And how do I prove it was not her?
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to make her give you the written instructions and you keep that in your records as proof you did as instructed. It is easy, you can visit her in jail, so go visit and get her to sign. If not, you would need to send it to the last known address as you said.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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.

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