Legal Question in Employment Law in Illinois

An employee was issued a check, but he was instructed that same day not to cash check because a replacement check was being issued. He was then issued a replacement check. The original check he claimed was destroyed after I called him and told him not to cash it.

I was recently contacted by a Financial Collection agency. We were informed that he had cashed both checks and the funds had not been paid to the organization. Now the debt had been placed into collections with my company being held responsible for the balance.

I have a signed confession for the employee that he did infact cash the check knowing that a "stop payment" was placed on the check and he had received a replacement check.

If he is terminated, is this enough proof to deny unemployment?


Asked on 12/03/12, 11:01 am

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

PLEASE call us so we can discuss your company's specific situation. Employers who seek to deny unemployment to employees have to frame their case in a legally sufficient manner satisfying the specific requirements of the law.

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Answered on 12/04/12, 6:59 am


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