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You should write a letter and send it certified mail to have proof the letter was received requesting the check be returned with a clear explantion of why you need the check back. The employee probably already knows why but it needs to be in there anyway. Put an on or before date that you need the check back. If the employee doesn't comply you can take them to small calims court to try and get your money back. For that reason make sure your letter is as clear and cordial. If you blow up in the letter a small claims court will probably take the employees side. Alas, you may never recover the check. It can be more trouble than it is worth. That is the reason most companies don't issue the first paycheck until the end of the second week of employment (or if you pay every two weeks, the third week). It allows you to recover damages and settle the account without the heat of battle upon termination.

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Q: What action should a company take for an employee not returning a check?
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