Employee won't cash his check

Discussion in 'Business Operations' started by Gene $immons, Oct 23, 2005.

  1. Gene $immons

    Gene $immons LawnSite Bronze Member
    Posts: 1,028

    OK... So I had this employee last year, he quit in October 2004.
    Complete nut case. He lived with his mother and had no expenses. Anyhow, my bank statement would come each month and this guy had 2 paychecks that had not cleared my bank for several months. I think they were for around $100.00 each. I finally called him and was not able to get ahold of him. I later decided to cancel the checks to get my books to balance.

    The guy calls and left a message today, one year later, wanting to exchange his checks for new ones. I'm thinking about telling him to get lost.


    Oh, and I'm not worrried about this moron hiring a lawyer.
  2. I had one who waited till he got 5 or 6 before he cashed them, never did give me any book keeping problems.
  3. SodKing

    SodKing LawnSite Bronze Member
    Posts: 1,648

    You owe him the money and one call to the labor board by him will cause you too many headaches. Its his money not yours.
  4. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    Once I write a check, the amount is good forever, it doesn't matter if they don't cash it for 20 years other than if the bank says it's no good OR if I die OR if I should switch banks (this last is unlikely). My check and my signature is as good as cash and if you had 20 dollars and did not want to spend it then that is your choice, so to speak.

    I can, however, see the point where you want it to be over with while your guy may have a secret urge to keep the relationship going at whatever expense... It is possible in ANOTHER 2 years he calls you AGAIN to write him ANOTHER set of checks so my recommendation is spend a dollar (or 3) and get him the amount in Money Orders from a C-store or equivalent, then I believe your responsibility is relieved once and for all.

    That, or tell him to go CASH the checks when he catches you on the phone, don't reply to the message, simply delete those. But I'd wait until he catches me on the phone (good luck) then be all nice and SURE I'll exchange your checks then when he comes in give him the money orders AFTER you get your checks from him or you might also do Cashier's check thou I dunno if that works with nutcases hang on forever to them...
  5. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    Matter of fact, go spend that dollar (or 3) first thing Monday morning on the money order and you MIGHT fill it out but once you do the money is gone (good luck cashing them once filled out SHOULD he do something stupid like cash your old check anyhow). Keep these M.O.'(s) in a SAFE place (especially if they're blank lol) and whatever you do, make SURE you get his check(s) before he even SEES what he's getting in return, because I can guarantee he'll balk any other way, even IF you were to write him another check he HAS to surrender the old check(s) FIRST!
    He might try and be slick and do the 'No I'll hang on to this and we do a same-time switch' but you don't want to do this AND if worse comes to (like a call to the labor board) then you were willing to exchange payments but he was only playing games with you. Btw, if you work in an office or whatever, you just MIGHT want someone along so you have a witness... This also tends to help persuade your ex-employee to be more cooperative.

    Worse comes to, tell the labor board HE can send you via mail the old checks OR surrender the old checks FIRST and THEN he'll get paid, but any other way it's a no go. And sorry, that's just the way you do business.

    Of course, you could just tell him the old checks are good as far as you're concerned and if he says the bank told him otherwise, that's just too bad, you have the money in the account and the checks will clear, tyvm and sayonara (thou THIS is likely to fire up the cauldron, see...) You want this to be over with, I learned the hard way NEVER f*k with another person, you NEVER know what they might or can do (forget lawyers, think REVENGE, think vandalism, theft, etc...), just get the h3ll out of this one as clean and easy as possible.
  6. Gene $immons

    Gene $immons LawnSite Bronze Member
    Posts: 1,028

    I cancelled the other checks anyway. I'll give him his money, I don't have a problem with that. I was just wondering if it was legal for him to wait so long. Most banks consider a check dated that far back to be no good I think. The money order is a great idea.
  7. Runner

    Runner LawnSite Fanatic
    Posts: 13,494

    The check may be outdated, the debt isn't......

    TURF DOCTOR LawnSite Silver Member
    Posts: 2,138

    You owe pay the man.
  9. Frontier-Lawn

    Frontier-Lawn LawnSite Silver Member
    Posts: 2,949

    on my chechs i have printed on it void after 90 days of shown

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