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Can I file a lawsuit against my employer for giving a random employee my check and cashing it for the employee?

North Richland Hills, TX |

I work for a major grocery store and they recently lost my check. I then found out that they gave it to another employee and they cashed it for him two days after he received his check. I want to file a lawsuit. Do I have a case?

Attorney Answers 3

Posted

You likely have legal remedies (which could include a lawsuit), however, if you wish to continue working at this job, it might be prudent to exhaust all non adversarial options prior to doing so. This should be relatively easy to resolve by working together with your payroll and human resources department. Only after you are sure that they are not going to make it right, should you consider contacting an attorney and relaying all the facts of your case.

The above comments are made by an attorney at The Rieck Law Firm (RLF). RLF offers free initial consultation to potential clients and more information about this firm can be found at www.riecklawfirm.com. PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. Materials contained within this website and submitted by this user (including the above comments) provide information on general legal issues and are not intended to provide advice on any specific legal matter. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Answering a question does not make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you should not expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. Internet and online readers should not act upon this information without seeking professional counsel.

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Posted

I agree with Mr. Rieck about pursuing non-confrontational remedies first, but if that doesn't work:

1. You file a wage claim with the TWC, which is an administrative proceeding that does not require a lawyer. You can find instructions on how to do this on the TWC website.

2. This is also a criminal matter. Someone must have forged your signature on the check, and then someone else must have cashed the check knowing that it wasn't being cashed by you (given that the check was cashed at your grocery store).

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Posted

Anyone can sue another for any thing. That does not make it a good case nor does it mean that it makes financial sense. A lawyer could charge you many thousands of dollars to pursue such a case. If you pay check is less than this, then it makes no financial sense. Plus, if you still work there, it is not a wise thing to sue your current employer. If you can't get your money, you could file a wage claim with the Texas Workforce Commission.

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