Paychecks

I have multiple locations outside of Minnesota. When paychecks come in, they are processed and then sent via and overnight service to my outlying locations.

I have a manager in one of those locations that handed over an employees' check to someone other than the employee. (The employee at this time had been termed for no call, no show.) While the employee was working for us, he introduced this individual as his brother to our manager, as the brother was looking for work and had come in to fill out an application.

I now have the ex-employee's girlfriend calling me asking if that last check had been cashed. The ex-employee is in jail and she states that this other person was not the ex-employee's brother.

The check has been cashed, but by a check cashing service. The ex-employees name is written on the back of the check, but when I compare it to the signatures in the ex-employees file, it doesn't match.

What as a company are we liable for in this kind of situation? What kind of practices do you have in place to prevent a situation like this from occuring?

(If I am aware that an employee has termed when I process the pay checks, I mail them to their home. When this check was sent to the division, we were still playing the no call, no show waiting game.)


Comments

  • 12 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-18-06 AT 06:14AM (CST)[/font][br][br]I'm sure some lessons have been learned here by those involved.

    Practices in place -- we use only direct deposit. Another thing you could do is have a policy that checks will be released only to the employee, mailed to the employee's home address, or direct deposited.

    As far as what you do now, I think I would report it to law enforcement to see if they can figure out who cashed the check and if any crime has been committed. I'm not sure I would speak with the girlfriend -- only the employee (another lesson learned).

    Good luck -- it's kind of a mess!

    Cheryl
  • Our payroll is handled very similar to yours. We have told our "payroll deputies/general managers" that they are not to release a check to anyone other than the employee. However, if the employee sends someone else to pick up the check, they must have a "note" from the employee saying it is ok to release the check to (state the name of the person) and we are supposed to ask for a picture ID from the person. However, I don't even like to do this. Would prefer just mailing to their home if I can't deliver directly.
    The problem is that you are not able to deal directly with the employee. If you don't have some release from the employee, I am not sure I would even be talking with girlfriend. How do you know she wouldn't do the same thing. I would think that you could mail a copy of the cashed check with the signature/endorsement to the employee's last know address. I think it would be up to him at this point to contact the bank and/or to "file charges" if the check was cashed illegally/wasn't his signature. I don't think it is up to you to do this.
    Hope this is a lesson for your employee that released it. (I know how frustrating it is trying to deal with employees/supervisors "long distance". They think they are doing good, but just don't think through things.

    E Wart
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-18-06 AT 06:57AM (CST)[/font][br][br]SWYNIA: Your manager that gave the individual's paycheck to someone other than the rightful owner, most likely, has blown the companies' protection and risk of liability.

    We will only give out a person's paycheck to anyone other than the individual, when we have a signed piece of paper, which identifies by name and a picture ID of the person, so identified. Any manager in our company who would do such would give up the value of any potential bonus, the cost of writing a new check owed to the concerned individual.

    We employers are responsible for the distribution of individual income; I have never heard of any opportunity with paycheck distribution of this nature, where a company was not at fault. I recommend that you cut the x-employee another check and send it to his new address (in jail) or better yet take it to him and get his signed acknowledgement..

    The individual has a right to pursue the thief that stole his paycheck and cashed it at a "pay in advance vendor". The company has an obligation to get the concerned individual a paycheck. The company should not get involved with the search of the thief, only support the investigation if he choose to do so. The company can support by acquiring a copy front and back of the cashed check and give it to whoever!

    PORK
  • I would suggest a couple of things for you to think about:
    1. Check your state's statutes about final payroll checks and ensure that your practice falls within any mandatory guideliness.
    2. Review your policy(ies) on final payroll checks and payroll checks that are left undelivered at the end of the designated pay days. If you don't have something in place, think about amending your policy to require that undelivered payroll checks be returned to you or an appropriate designate. Also include in writing whether checks will be mailed or hand delivered.
    3. If hand delivery is allowed and checks may be retrieved by folks other than employees, 'require' written authorization identifying to whom the check can be delivered, and confirm identification if the person picking up the check is someone other than the employee.

    As for liability, your minimum liability at this point is at least a payroll check. If you can't prove without a doubt that it was cashed by the employee, you will have to reissue it and in a timely manner. You might as well suck it up and agree that your company is liable. Any next level liability may stem from identity theft issues if there prove to be any. If you have in-house investigative staff (i.e., security), allow an investigation or encourage one with outside investigators on the premise that the original check may be stolen. Let the evidence speak for itself, and resolve the issue accordingly after an investigation. In the meantime, tweak your policies and process.

    Best wishes.
  • I find it amazing that we all share such similar situations - often I think, man why does this stuff just happen to me!!

    A few years ago I had almost EXACTLY the same situation. Employee doesn't show up for work (because he is in jail), sends "family member" in to pick up final check (but employee sent a note as required) and girlfriend calls claiming he never received his check so like you we looked at the cashed check and sure enough it didn't match previous signatures - HOWEVER we were lucky with our problem because somehow we found out that the employee DID have the "family member" sign and cash the check and give him the money THEN told the girlfriend to call and claim he never received it thinking we would feel responsible and issue him another check!! I realize your situtation is a little different (we had the dummy employees permission to release the check) but it is something to keep in mind...
  • Granted, releasing the check to someone other than the employee was a problem, but what liability does the check cashing company have for not verifying the ID and signature of the party presenting the check?
  • "HOWEVER we were lucky with our problem because somehow we found out that the employee DID have the "family member" sign and cash the check and give him the money THEN told the girlfriend to call and claim he never received it thinking we would feel responsible and issue him another check!!"

    Actually, this is what I was suspecting may have happened to the original poster as well.

    How did the friend of the ex-employee know to go in and pick up the paycheck anyway?

    I think you are being squeezed.


  • I believe the 'brother' of the ex-employee came over and told my manager that the ex-employee was in jail and he was there to pick up that check.

    After reading the posts and talking with my boss, (and my payroll company) I've sent the ex-employee a letter stating that he will need to go to the police and/or the bank of issue and file an affidavit of forgery. The ex-employee will have to do some leg work on this in order for us to re-issue him a check.

    I'm curious to see what happens and because of this I am almost done writting an 'Official' policy and procedure on this particular item.

    I find it very sad that we live in a world where you have to have a policy on something like this.
  • More than 25 years ago we had a mail room clerk steal compensation checks issued to our sales outside sales staff and one to a vendor. The checks were all cashed at the same place, with a black pen, and the same writing. The writing matched the signature on the mail clerk's paycheck, who, by the way, also cashed his paychecks at the same place.

    I remember having fun during the investigation as I felt like Sherlock Holmes. That is, I had fun until I realized who the guilty party was.

    Each person who had their check stolen had to sign a document certifying that they had not recieved the original check. After some discussion, management decided it was better not to call the police (to save bad publicity) but turned it all over to our insurance company. We were reimbursed for every penny except for the vendor who refused to sign anything. We reissued all the checks, even the one to the vendor.

    By then they had discovered a small discrepancy on the mail clerk's application and fired him for lying on it.


    Good luck!

    Nae
  • I believe the ex-employee needs to take the first step. He will need to complete an affidavit of forgery for the endorsement on the check. This needs to be filed with the appropriate law enforcement agency (Police or Sherriff dept.) Then they will follow up with the check cashing place and maybe your company. I wouldn't be making any assumptions or believing stories about not receiving the check until you have a copy of that affidavit. Having to sign a legal document often makes people suddenly "remember" they received the funds or authorized someone else to transact on their behalf.

    Just my perspective from my years working in a financial institution.
  • That is what makes these forums great - all the various perspectives and different HR experiences.


  • I have had similar problems. We informed the curious parties, that if they believed there was a problem, we would provide them with a copy of the check, they could go to any bank to report the forgery to the US Treasury Department. Once they investigate the incident, we would reissue the check. Some employees did pursue the issue and tracked down the forger; others drop it. Also, direct them to where ever the check was cashed - it was their responsibility to verify ownership of the check before it was cashed.
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