SUBMITTED: Saturday, April 16, 2005
POSTED: Monday, April 18, 2005
Why? Because in the state of California, the labor code is quite specific. Your payroll checks must be payable upon demand, and if the bank refuses to cash it, your employer can be in trouble with the Labor Commissioner:
212. (a) No person, or agent or officer thereof, shall issue in
payment of wages due, or to become due, or as an advance on wages to
be earned:
(1) Any order, check, draft, note, memorandum, or other
acknowledgment of indebtedness, unless it is negotiable and payable
in cash, on demand, without discount, at some established place of
business in the state, the name and address of which must appear on
the instrument, and at the time of its issuance and for a reasonable
time thereafter, which must be at least 30 days, the maker or drawer
has sufficient funds in, or credit, arrangement, or understanding
with the drawee for its payment.
(2) Any scrip, coupon, cards, or other thing redeemable, in
merchandise or purporting to be payable or redeemable otherwise than
in money.
(b) Where an instrument mentioned in subdivision (a) is protested
or dishonored, the notice or memorandum of protest or dishonor is
admissible as proof of presentation, nonpayment and protest and is
presumptive evidence of knowledge of insufficiency of funds or credit
with the drawee.
(c) Notwithstanding paragraph (1) of subdivision (a), if the
drawee is a bank, the bank's address need not appear on the
instrument and, in that case, the instrument shall be negotiable and
payable in cash, on demand, without discount, at any place of
business of the drawee chosen by the person entitled to enforce the
instrument.
My husband went through the same thing a couple of years ago, as Citibank would not cash his payroll checks, stating that the main office of his company was out-of-state. After getting gigged for thousands in penalties and fines, they changed banks.