Forged check that was lost in the mail?

Question

On 7/29 my financee was supposed to receive a chk for a holiday he had worked. This check was due the beginning of july but it took time to get it processed after his job continually forgot to add it in with his regular pay. The check was mailed out but he never got it so he notified payroll a few times and eventually they sent him out the check.

Friday 8/29 we have return check fees and everything on our account due to the check not being good and when we contacted the bank they said it was due to a bad check. So we contacted his job and they said they would need a copy of the statement and would fix it and give him the amount when he came into work.

Today, 8/30 they come back and say that the check on 7/29 was mailed and cashed by someone else who forged his name. The payroll dept. has copies of both checks one that was forged with just a signature and the one that was initially deposited by my fiancee with his acct #, ssn, and stamped by his bank. The payroll dept. sent him an email saying that since they received notification that it was LOST in the MAIL, they "REISSUED" the check with the same check # again. WHY????

So my questions are:

1.What do we do and who is responsible for paying us back for these fees? (The payroll dept, our bank as part of fraud protection or whoever cashed it)?

2. The person who cashed the check obviosuly did not show i.d so how did they even get to cash it?

3. Do we need to file a police report?

Answer 1

I think the first thing to do is call your bank for advice and to make them aware of the situation.  Unless the payroll check was drawn on your bank, there's not much they can do.  

I would imagine you will have to make a police report.  Then take it to the employer and ask them what they are going to do to make the situation right.  It's truly their ignorance for issuing a 2nd check with the same number that caused this problem.  If they knew the first check was lost, they should have placed a stop payment on it immediately, or at the very least, called to see if that first check had been cashed already.  Obviously, they didn't.  It seems they have someone completely incompentent working in their payroll department.  Perhaps you can find out who is in charge of the payroll department and talk to them or go higher if you have to.

I wish I had better advice for you.  Good luck.  

Answer 2

I would file a police report so that at least someone is going after the person who forged your name.  As for your bank fees, you're probably going to be out that.  Its your responsibility to not write checks against money you don't have, and until that check cleared you didn't have that money.  Its risky even if the check did clear.  What if someone cashed your check before the check you deposited was clear and that money available?  If the people who wrote you that check agree to pay it great, but its not their fault you didn't have plenty of extra money available so that your other checks cleared.  That's likely the position they'll take.