Is this shady? Employer refused to let me pick up my paycheck without having it cashed by them?

Question by summer07: Is this shady? Employer refused to let me pick up my paycheck without having it cashed by them?
Last year I worked part-time at a bar/restaurant. As a server, I made standard server base wage (.83/hr in my state) plus tips. The paychecks covering our base wage minus taxes were issued on a monthly basis.

The way the employers issued us our monthly paychecks seems to be a little screwy. Instead of simply distributing our checks to us and letting us decide how to cash or deposit our checks, they REQUIRED that we have our checks cashed at their establishment, leaving us with a rounded dollar amount + the paystub. (Because we were always given the paystub, I know this job was NOT under-the-table) They would NOT let me simply take my check and deposit it into my bank account.

This created a problem for me after I quit, when I wanted to pick up my last paycheck. (I quit on good terms, by the way) First, I gave them the courtesy of calling them to notify that I was somewhat in the area and would be stopping by to pick up my paycheck. I called during their “down time”, several hours before the busy dinner rush was to start. The manager told me “no”, that they had a special feature coming that night so they were going to be WAY too busy to give me my paycheck and cash it for me. I told him that they did not have to cash it for me, I’d gladly take just the paycheck and deposit it into my checking account. He said, “No, you HAVE to have it cashed here, that’s the way we do things.” This had always seemed a bit shady to me (along with other things about the place), and it seemed even shadier than ever, now that I wasn’t working there. When I told some friends and another employer about this, they’d said it was “sketchy”. I asked why I couldn’t just pick it up, or at least have them mail it to me since I wouldn’t be anywhere near the workplace again for another month, and he again told me I could not pick it up and would have to “call again another day” to see if I can come get it. As a result, I didn’t end up getting my pay until 1.5 months later!!

Is this shady? Is this legal? Would YOU be annoyed by this too? These are some of the things that made me glad to quit the job, because of some shadiness and the somewhat Mafia-esque manner of some managers there. Feedback?
Yes, tips were reported and taxes were paid on these earnings. So everything was filed legitimately. I just wonder why they refused to let any of us take our paychecks out of the workplace to have them cashed ourselves. I’d understand if they offered the chance to have a check cashed at work as an optional COURTESY, but to make it mandatory?…it was highly inconvenient for me, especially since I worked late hours at this place and preferred to minimize the amount of cash I kept on me when I left work each night (it was bad enough carrying cash tips on me, but a month of pay too?).
Stephen and thecooldeal69: I DID eventually get my paycheck, but almost a month after the date that I’d initially called and had planned on picking it up. They made it very inconvnient for me. On top of that, when I DID call them again the next time I was in the area (~1mo later) and told the gay manager it was “about time” I come get my paycheck, he made some flippant, irate comment, “Well, that’s YOUR responsibility, don’t blame anything on us.” GRRRRRRR!!!!!!

Best answer:

Answer by Murda 3K
thats shady and Illegal, they might as well pay you cash under the table if they are going to do that!

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4 thoughts on “Is this shady? Employer refused to let me pick up my paycheck without having it cashed by them?

  1. Screwy, yes, and yes I’d be annoyed. But if they gave you cash for it, doesn’t sound illegal.

    Did you report all of your tips to them, and did they take out taxes on the reported tips? If not, then that part is illegal.

  2. All states require that former employees be paid, one way or another, within a certain amount of time after the last day or work or no later than their regular payday. On or before the required date, the employer must either give the employee the check, have the cash ready, or mail the check.

  3. doesn’t seem right to me. check your paystubs and make sure the taxes were taken out correctly. don’t loose your paystubs as it will be interesting if you get a W2 next january.

    you can always go to http://www.irs.gov and ask the question, they will know for sure. I haven’t been there in a while but I remember their “contact us” ask a question got to a human and they gave me a good response for the last question I had.

  4. I don’t know about while u worked there but I believe it’s against the law to with hold ur check after a few days of quitting or fired from a job. They have to give u ur check. Would be nice to know why it makes a diff where u cash it

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