Can/ Should I keep holding a paycheck that an employer told me to hold?

Question

I did some work with a non-profit foundation and one of their employees embezzeled money, so people who had not yet deposited their paychecks for the weekend of work were told to hold their paycheck. It has been three months, and recently when I asked about cashing it, I was told to please keep holding it, and then she offered me some frequent flyer miles. (I am planning on using this check for a flight) So...should, and can I take the frequent flier miles and the paycheck, or just deposit it and act like I never got the answer?? Is this legal to hold someone's money when they rightfully signed and worked for the pay?

Answer 1

You certainly can cash it, there's nothing keeping you from doing so. What I'd be concerned about is whether or not the check will expire. Some checks, particularly those run through a printer in batches, have an expiration date printed on them, along the lines of 90 days.

If they signed the check, you can cash it. There's no legal way for them to stop you except stopping payment on the check, in which case they didn't pay you for your work. (However, they may turn around and say that they made an attempt to pay you and you never cashed the check.)

Look the check over to make sure, possibly even ask them for a new check with a more recent date in exchange for the one you have. As for the frequent flier miles, it's probably best not to take them if you don't have to. If you chose to honor their wishes about the check and you don't have the cash to cover the flight, then go ahead and take them, but be very clear and ask if it's in addition to the check or replacing the check.

If in doubt, ask a lawyer.

Answer 2

No, no matter what the circumstances are an employer needs to pay wages to their employees at the time they are due. (At pay day) If they have not straigthened out the problem within 90 days they may be getting ready to file bankruptcy and then your money is going to be held up for a long time, if you ever see it at all. Look over the check to see if there is a note on it about "valid for 90 days" or something like that. If it does then ask for a new check that can be cashed. Worse comes to worse you can file a claim with your local Wage and Labor office (department of labor for your state) for unpaid wages. You could get an attorney, but if you don't have to, why incur the money of hiring one?

Answer 3

It sounds like you should contact a lawyer!