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In such an instance, your employer did not post date the check for a date after payday, but you could not cash your check until after payday.In many states, including California and Hawaii, your employer cannot post date your payroll check.If you provide instructions to your bank and they pay funds from your account, your bank should be required to cover any overdraft charges that result, and you may have further recourse against your bank for other expenses you face.If you have the option, it is best to avoid writing postdated checks.Two potential reasons for this include: In most cases, you can deposit or cash a postdated check at any time.Debt collectors may be prohibited from processing a check before the date on the check, but most individuals are free to take postdated checks to the bank immediately.That said, if you agreed to wait, cashing the check prematurely might be considered in violation of an oral agreement and illegal in some jurisdictions.It’s wise to communicate first with whoever wrote the check—there’s probably a reason it’s postdated.
If you’re unwilling or unable to pay your bank to monitor your account, you’re at the mercy of whoever you give the check to.
Furthermore, in California your employer must write the check against a bank that does not charge a check cashing fee.
California law states that your employer must pay you on payday in full and partial payments are illegal.
Even if your payee is honest, they may make the honest mistake of forgetting (and leaving you with bad check fees).
Every state has its own laws that protect the rights of workers to receive wages for hours worked.
However, if payday falls on a weekend or federal holiday, your state laws may require your employer to give you a paycheck before the normal payday.