We hired an AP Clerk who realized that she didn't like it. We sent her a paycheck for the days worked and she doesn't want the funds. How does escheatment law address uncashed checks for wages that were surrendered by the employee in New Jersey?


We would look at any kind of written work agreement or letter of employment detailing payment to ascertain whether there was anything governing a minimum period of work required prior to payment. Lacking this, the person worked for three or four days and your company paid her for those days. The pay would normally be considered "abandoned" after the dormancy period (one year in the case of wages) and escheatable.

If she is determined to refuse the pay, ask her for a statement in writing that she was unable to meet the requirements of the job and therefore she agrees the company owes her nothing.

Otherwise it appears that the pay would be subject to escheatment. See http://www.state.nj.us/treasury/taxation/pdf/4630b.pdf, and search for wages.

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