Worker said her mailed paycheck never arrived, asks what to do about it

DEAR CARRIE: I have worked as a cashier at a drugstore chain for the past year. I receive my paychecks bi-weekly via the mail. In the first half of December, I noticed that my check for that pay period had not arrived. So I contacted my manager to see what went wrong. I was told that the check had been cashed at a bank by someone. But the company said it could not disclose by whom, or at which bank. I believe it is logical to conclude the check was stolen from the mail. Now 11 months have passed, and my employer still asserts there is nothing it can do to recoup the stolen funds. What is the proper protocol for getting the money that I earned but never received? — Check Stolen

DEAR STOLEN: I find it incredible that your company hasn't helped you more. I turned to the state Labor Department, and it had several suggestions.

If you haven't done so,  you should file a theft report with your local police precinct, said Jill Aurora, the department's director of communications. 

"This may or may not result in the employer issuing a new check," she said. 

If that doesn't work, she suggests that you fill out a N.Y. Department of Labor claim for unpaid wages and send it to the Labor Department address listed on the form. Click on the link accompanying this story online to obtain the form. Lastly, she said another option is to file a complaint with the state Department of Financial Services. See the accompanying link for that website as well.   

I hope one of those options will result in your being made whole. 

DEAR CARRIE: I work for a small business that has engaged in some cost-cutting measures this year. Several months ago a full-time employee resigned, and those in charge hired a part-time employee as a replacement. As a result, my workload has increased. I have been able to quietly document the actual workload increase in tangible ways over the last several months. However, I'm unsure of the best way to approach the boss with this information. I'm a salaried employee considered "professional" under federal labor guidelines. Can you offer any advice? — On Overload

DEAR ON: It's a great idea to actually document how much more work you have to do. And you could use that to make the case for the company bumping up your pay considerably or for getting some more help. But bear in mind that by law your company has to do neither. In fact, if you truly fall into the category of professional worker, your employer doesn't even have to pay you overtime when you work more than 40 hours a week.

Here are some of the criteria from the U.S. Department of Labor's Fact Sheet 17D  used to determine if an employee falls into the professional category:

"The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; the advanced knowledge must be in a field of science or learning; and the advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction." 

In the pitch to your company you might be able to make the argument that with the increased workload you are much more prone to errors, if that is the case. Whatever you choose to highlight, stick to the facts to make your best case, be polite, and tell the company what you want it to do. 

If you are unable to convince your employer that your situation needs remedying, you will have to decide whether it's worthwhile to stay or if you need to gear up the search for a new job.