Can I strike and deposit , on the hand written on the back of my salary paycheck.
I am in california and worked for california based comppany.
Company can write any condition on back of my last paycheck (salary) with hand written and no company stamp and no signature of company authority.
After I asking new check without any condition attached to my last salary paycheck, company denied on it.
Is there anyway, I can strike that hand written things on the back of my salary paycheck and sign that deposit it. But bank can accept this check or not?
Answers (2)
Practicing law for more than thirty years, in a variety of situations involving clients and my own personal dealings, banks have refused to cash checks when any conditional language is placed on the check by the person cashing the check and in other situations banks have refused to cash a check when the person cashing the check crossed out a restriction or condition appearing on the check. Charles Kirwan cs@Kirwanlaw.net 1-877-WAGE LAW. I wage law for you.
If pressed for cash, send the employer an email and let 2- business days 10:00 a.m. to 10 a.m. or for a positive answer: Hello: I received my last paycheck dated X-X-16. I disagree with your notation on the check in the gross amount of $xxx.xx that is the money [or "that is only part of the full $xxx.xx that you owe me] per our standing pay arrangements that I earned in full without any hold back or any take away that I did not provide a signed authorization that you could hold back or take away. Full earned pay is due each and every payday even the last payday. There is no basis for the notation or anything like it. I called the US Department of Labor and was informed no deduction or withholding of my pay was permissible even if I owed it - which you know I do not owe - unless I signed an authorization which you never asked me for because you know I do not owe it.
I earned total final pay in the amount of $aaa.aa. May I please come in and trade the check with the notation for the check you owe me, $aaa.aa minus standard tax and health insurance co-pay. I am strapped for money. If you refuse to trade a proper final check for my full pay swapped out for the underpayment check with the false and impermissible notation, then 48 hours from now on Thursday, 2-24-16, I will file formal complaints with the US Department of Labor and State Labor Board naming you and the company as refusing to release my full pay and reporting that I am depositing the illegal check as-Is. This email and my formal state and federal complaints will be my only reservation of my rights to full pay and double damages for late payment of any late paid amount. I am advised by many people that if I cross out the illegal notation or make my own notation on the check most banks will refuse to cash it or may cash it and then have it rejected by another bank and charge my account for reversing the payment like a bounced check fee. If you refuse to deliver anything other than prompt full payment then the government agency promising the fastest action will process my complaint. If no check swap, then please direct deposit the rest of the final amount owed. In this email I reserve all rights to make all of my claims against each payroll decision-maker and the company for all damages and additional retaliation I incur unless you all provide prompt full payment. Each check will prove what was paid and what violations have occurred. Please pay me in full immediately. I will not sign away any rights but I will follow any directions about swapping or destroying the check. I can come into the office or the company attorney's office or I can rip up the check and send you a cell phone picture - before and after.
Please cooperate. Note I have not revoked my direct deposit authorization so the company can pay me immediately with no further delay, tricks or retaliation.
IF OWE SOMETHING I will pay you back $25.00 a week starting [? 3 weeks down the road], if I receive my full pay now.
The Department of Labor and State Labor Board said you cannot retaliate or punish me for demanding full pay without condition or withholding the extra you claim. You stated you were letting me go due to company budget problems so if you contest my right to unemployment for misconduct or some other false reason or if you give me a bad reference that would be illegal retaliation for my earlier verbal wage payment complaints and this emailed complaint.
1. Please get me paid the full $aaa.aa you owe me minus normal state and federal tax deductions.
2. So I can pay my bills, stop my stress and lost sleep about this, and protect my credit rating, please provide a near immediate email explanation regard what you and what the Company intend to do about this delayed final payment, illegal withholding, retaliation and harassment.
Thank you if you take prompt correction action to make up for the delayed underpayment and thank you if you promptly email me how you are going to correct the violations and retaliation that I have already suffered... VTY, my name email address retyped here and
posted by Charles Kirwan | Feb 13, 2016 9:12 PM [EST]
If pressed for cash, send the employer an email and let 2- business days 10:00 a.m. to 10 a.m. or for a positive answer: Hello: I received my last paycheck dated X-X-16. I disagree with your notation on the check in the gross amount of $xxx.xx that is the money [or "that is only part of the full $xxx.xx that you owe me] per our standing pay arrangements that I earned in full without any hold back or any take away that I did not provide a signed authorization that you could hold back or take away. Full earned pay is due each and every payday even the last payday. There is no basis for the notation or anything like it. I called the US Department of Labor and was informed no deduction or withholding of my pay was permissible even if I owed it - which you know I do not owe - unless I signed an authorization which you never asked me for because you know I do not owe it.
I earned total final pay in the amount of $aaa.aa. May I please come in and trade the check with the notation for the check you owe me, $aaa.aa minus standard tax and health insurance co-pay. I am strapped for money. If you refuse to trade a proper final check for my full pay swapped out for the underpayment check with the false and impermissible notation, then 48 hours from now on Thursday, 2-24-16, I will file formal complaints with the US Department of Labor and State Labor Board naming you and the company as refusing to release my full pay and reporting that I am depositing the illegal check as-Is. This email and my formal state and federal complaints will be my only reservation of my rights to full pay and double damages for late payment of any late paid amount. I am advised by many people that if I cross out the illegal notation or make my own notation on the check most banks will refuse to cash it or may cash it and then have it rejected by another bank and charge my account for reversing the payment like a bounced check fee. If you refuse to deliver anything other than prompt full payment then the government agency promising the fastest action will process my complaint. If no check swap, then please direct deposit the rest of the final amount owed. In this email I reserve all rights to make all of my claims against each payroll decision-maker and the company for all damages and additional retaliation I incur unless you all provide prompt full payment. Each check will prove what was paid and what violations have occurred. Please pay me in full immediately. I will not sign away any rights but I will follow any directions about swapping or destroying the check. I can come into the office or the company attorney's office or I can rip up the check and send you a cell phone picture - before and after.
Please cooperate. Note I have not revoked my direct deposit authorization so the company can pay me immediately with no further delay, tricks or retaliation.
IF OWE SOMETHING I will pay you back $25.00 a week starting [? 3 weeks down the road], if I receive my full pay now.
The Department of Labor and State Labor Board said you cannot retaliate or punish me for demanding full pay without condition or withholding the extra you claim. You stated you were letting me go due to company budget problems so if you contest my right to unemployment for misconduct or some other false reason or if you give me a bad reference that would be illegal retaliation for my earlier verbal wage payment complaints and this emailed complaint.
1. Please get me paid the full $aaa.aa you owe me minus normal state and federal tax deductions.
2. So I can pay my bills, stop my stress and lost sleep about this, and protect my credit rating, please provide a near immediate email explanation regard what you and what the Company intend to do about this delayed final payment, illegal withholding, retaliation and harassment.
Thank you if you take prompt correction action to make up for the delayed underpayment and thank you if you promptly email me how you are going to correct the violations and retaliation that I have already suffered... VTY, my name email address retyped here and
posted by Charles Kirwan | Feb 13, 2016 9:12 PM [EST]
Conditional Wages
I concur with Richard Vaznaugh's reply to you.
posted by Joan Herrington | Sep 5, 2003 1:07 PM [EST]
I concur with Richard Vaznaugh's reply to you.
posted by Joan Herrington | Sep 5, 2003 1:07 PM [EST]
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