If Paycheck 'lost in mail' then am I SOL?

[SteveS]

What is the name of your state? Texas

Employer recently ( 2 paydays ago ) began mailing out paychecks. Received the first check ok, so I know ( and confirmed ) the address information is correct. 2nd paycheck has never arrived, over one week late now. I'm giving it time in hopes it was just mis-routed by the USPS, but am gathering information. My Employer mailed me a written statement stating..."replacement checks will no longer be issued by the [.....] payroll department for any reason including checks that are lost, stolen, destroyed, or not received".

Checked Texas Workforce Commission URL plus the Texas Labor Code, for Delivery of Payment etc..., but can find no information or FAQs regarding events involving paychecks lost in transit, etc.

Is my Employer on solid legal ground here? Is an Employer free of responsibility of ever submitting wages if the original paycheck gets lost in the mail?

--PS. I signed up for Direct Deposit now, which is like locking the Barn after the Horse is stolen, but I still have to recover the Horse!

 

[Beth3]

Is your employer saying that if a paycheck is lost, YOU WILL NOT BE PAID for that pay period? Or are they saying a replacement check will not be issued and that the arrears will be put on the next check?

This makes a huge difference.

 

[SteveS]

Thx, for the reply. They are saying I will not be paid, for that pay period, ever. No rollover to the next pay period, etc.. In other words I essentially worked for free for that pay period if it turns out I have no legal recourse to recoup those wages.

 

[Beth3]

Your employer MUST pay you. If the check never reaches you, you haven't been paid.

Let me tell you what may have been going on with your employer however. Rigging up replacement paychecks is a major pain in the fanny for the employer. They have to put a stop payment on the original check (which costs $), either run a special payroll (also costs $) or write a check off accounts payable and then justify it back through the general ledger, etc.

It's quite possible that your employer (unbeknownst to you) has been having a major problem with "lost checks" and is at their wits end with employees contacting payroll asking for replacement checks saying their check was lost, stolen, or misplaced. (In my experience, the major cause of lost checks is just plain old carelessness by an employee and there are often repeat offenders.)

As a consequence, your employer issued this "no replacement checks EVER" memo, primarily directed at those employees who were constantly misplacing their payroll checks. It's a stupid knee-jerk reaction of course but perhaps understandable.

Go to the appropriate management person (your boss is a good place to start) and say that your payroll check was never delivered and obviously has been lost by the USPS and you need a replacement check. Be nice, be reasonable. If they really stick by the memo and you get a "NO!" response, remind them that wage and hour laws REQUIRE them to pay you. Again, be nice and be reasonable.

If that still doesn't do the trick, then call your State's Department of Labor/wage and hour division and file a complaint.

 

[You Are Guilty]

Good grief - that's a good one. Think about it - all they need to do is not pay anyone and just claim all the checks were lost in the mail.

In any event, they can't arbitrarily withhold your salary on that excuse. Assuming you don't feel like suing your employer in small claims for the balance owed, you can try filing a complaint with the state DoL. Or, rather than risk "rocking the boat", you can try speaking with the HR/Payroll dept. of the company and let them know they are going to be sued if they don't give you your paycheck in one form or another.


{edit} Was typing my reply while above response was being typed - didn't mean to sound like an echo

 

[SteveS]

Thx, y'all for the good advice. After a personal talk, as suggested, they're sending out a replacment check. All's well that ends well.

 

[You Are Guilty]

Glad to hear it worked out. You can send us our 33.33% share of the check c/o this BBS.