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Employment Law/fees for a missing paycheck


My son's employer does not offer direct deposit. In May of 2011 he gave me his paycheck to hold & it disappeared with a folder of paperwork we are fairly sure accidently went into the trash. When he approached the manager he was told there would be fees totaling $50 to replace his $400 paycheck. As he was living rent free with his brother at the time -saving for goal he had set - he was not in a rush to resolve the situation. When he got close to his goal he again pushed to get the check replaced, even agreeing reluctantly to the fees, but balked when they wanted the fees upfront - making him suspicious. It's now been over 18months, they can't claim stop-pymt fees and won't move on replacing the check. My son is not a very aggressive person. He will be leaving this place of employment shortly and I'm concerned he will get taken for his two weeks wages. Any recourse suggested? and is it true the company must report uncashed check as "unclaimed property" (we are in Michigan) after one year - we've checked, but it does not show up yet. What can we do if they don't report it and is there a time limit? Any advice would be appreciated.

Your son should contact the Michigan Department of labor and file a claim for unpaid wages. He was never paid the wages as the check was never cashed and it was never replaced.
The link below will allow you to file a wage claim online and also has the address and phone number of the Department of Labor office in charge of wage claims in case you need more information.
This link will walk him through filing a wage claim with the Department of labor in the state of Michigan. The department of labor will investigate for up to one year after he leaves employment with the company.

Michigan does also have an Escheat law where employers are supposed to send unclaimed checks into the State after a year. Whether the company complies or not is another thing. They may try to say it was paid because he received the check. This is untrue because the check was lost and not replaced.

MICHIGAN Escheats Division Michigan Dept. of the Treasury Lansing, Mich. 48922 517-373-0550

All unclaimed property including payroll checks are to be sent in within 1 year.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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