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uncashed severance check/NY escheat laws

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alcamy

Junior Member
I live in New York and recently found an uncashed severance check that is about 2 1/2 yrs old. Is my old employer obligated to generate a new check? Is severance subject to escheat laws in New York?
 


swalsh411

Senior Member
I would check first with the State or employer to see if it has been turned in. If it has not, be very polite. Remember you are the one who made a mistake, not them. Do not demand to come down on your schedule to pick up a check. If they say it will take two weeks, say thank you. Do not expect them to drop everything and re-issue a check to you immediately.
 

Hot Topic

Senior Member
I live in New York and recently found an uncashed severance check that is about 2 1/2 yrs old. Is my old employer obligated to generate a new check? Is severance subject to escheat laws in New York?
An employer is not obligated to pay you severance. In all likelihood, the check is stale since it's "about" 2 1/2 years old.

You couldn't have cared much about the check if you let it sit around for all that time. Make no demands.
 

eerelations

Senior Member
An employer is not obligated to pay you severance. In all likelihood, the check is stale since it's "about" 2 1/2 years old.
If the OP signed a release stating he was accepting the severance money in return for not suing the company, and he hasn't sued the company, then the company owes him the money.

(I know the OP didn't say whether or not he signed such a release, but that doesn't necessarily mean he didn't sign one.)
 

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