Obligation to replace a lost final paycheck?
Paul in Cannon Beach
4,703 Posts
An employee who left us suddently has lost a small paycheck that was part of a combined "final paycheck". The amount of the check was $200.
What obligation do we have to replace this lost check?
What obligation do we have to replace this lost check?
Comments
[url]www.oregon.gov/DAS/SCD/OSPS/docs/training/UnclaimedPropertyTraining.ppt[/url]
You can pass on the stop pay fee the bank will charge - or your bank may waive the fee (we do for most of our good customers), it never hurts to ask.
Hope this helped.
Although you have "issued" the pay, the employee has not "received" the pay. My guess is you are obligated to reissue the check. Under Oregon rules, an employer is obligated to hold unclaimed wages for three years. Although you have issued a pay check, if it is not cashed, arguably, the wages are unclaimed. If unclaimed after three years, the employer must send the wages to the Oregon Department of State Lands. You can get more information from the Oregon Bureau of Labor and Industries Technical Assistance Hotline at (971) 673-0824. I use them often and they are very helpful.
All else aside, if the employee has truly lost the check, why would you not want to reissue it?
This employee was a "problem" while they were here. Losing this $200 check is just another in a series of irresponsible actions that cause work for others.
I'd love to send him an e-mail that says "Tough luck. Call it a life lesson." but I think I'll put on my big boy pants and just re-issue the check and move on.
I handle the unclaimed property here at the Bank (Official Checks, etc.) and it is more hassle carrying the item on your books and then sending it to the State (copious amounts of paperwork) - than just reissuing the check.
Also, for us at least, we have to make an attempt to find the owner of the funds.
I understand about problem employees but just be glad she is gone.