QUESTION
What can I do if my employer gave my paycheck to another employee?
Asked on Feb 18th, 2014 on Labor and Employment - Tennessee
More details to this question:
My employer gave my paycheck to another employee by accident and that employee signed the paycheck with their name and got to deposit it to their personal account. It took my employer three weeks to pay me and when they did, they just paid me out of the money in a till. Who is at fault and should I have taken any legal action against my employer or the bank?
5 ANSWERS
your employer should have paid you as soon as they discovered the problem, and settled up with the other employee however they wished. I do not know what this means: just paid me out of the money in a till. Therefore I can not address that part of your question. If you are saying they paid you in cash, there is nothing illegal about that. I know of no remedy you now have against your employer or the bank, now that you have been paid.
Answered on Feb 20th, 2014 at 5:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The other employee forged your check, and by that committed a criminal act. Your employer was negligent, as was the bank that negotiated the check without confirming the endorsement. However, because you have been reimbursed, you have no damages and therefore no complaints against either the bank or your employer. The other employee, who got and improperly negotiated the check, has a potential of being prosecuted by the state.
Answered on Feb 20th, 2014 at 5:33 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The employer is at fault, but you got your money so you don't have much to complain about now, do you.
Answered on Feb 20th, 2014 at 5:32 PM
Did your employer give you the full amount of your paycheck? You probably should contact the police about your coworker who seems to have stolen your paycheck.
Answered on Feb 20th, 2014 at 5:32 PM
Automobile Accidents and Injuries Attorney serving Knoxville, TN
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Baker Law Firm
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Since it appears you have been paid the wages you are due, any damages sustained by the mistake by your employer have been satisfied, so any legal claims you had have been paid. The bank would have liability to the employer who wrote the check, not to you.
Answered on Feb 20th, 2014 at 5:32 PM