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Home >> Checks/Money Orders >> Checks You Received
Post-dating Pay Checks Causes Big Problem
My husband's employer hands the employees post-dated checks, usually dated on a Friday. The problem is, he doesn't work on Thanksgiving and Christmas, which are paid holidays. When he gets his check early, the bank refuses to cash it until the date it has on it. The company was all on thirty-two hours for quite awhile, omitting Friday as a work day, but when they received their checks on Thursday, the same thing happened. We switched to direct deposit and same thing: he can't get his money until 6am on Friday. Is it legal for a company to post-date when they are fully aware of the days they will be closed?
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 There is nothing illegal about post-dating paychecks or any other check, as long as there are funds to cover them in the account on which they are drawn. Post-dated checks are payable early unless the issuer notifies the bank not to pay them before they are dated. However, the bank certainly is not required to cash the checks early. In your husband's company, payday is Friday, regardless of when checks are distributed, and handing out the checks early is actually a benefit for those who don't work on payday.
Your husband should use direct deposit, because he can get his funds from an ATM before his bank opens its doors on payday. He also can avoid having to make the trip to the bank to deposit the check. Probably the best way to adjust to what the company is doing is to think of Friday as payday and not plan on having the funds until then.
Published on BankingQuestions.com 1/05/10
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