> I figured if I did a personal check made out to her, and took a picture of it, I would be in the clear? My bank would of course have a record of when it was cashed?
Proving the payee of a check received it and deposited it is simple. Worst case, you have to go down to your bank and pay a nominal fee for them to print out an image of the cancelled check.
That said, I don't think you'll ever need to prove anything in court regarding this mess. The last thing your girlfriend's former employers want to do is explain their deliberate violations of state and federal law to a judge. (An interesting point of contract law is that you can't enforce a contract when it's an agreement to break the law. Paying your girlfriend under the table and not providing workers comp were crimes. Crimes, BTW, that state labor and revenue departments LOVE to prosecute.)
Getting back to checks, most folks these days have "draft" accounts, not traditional checking accounts. With a traditional checking accounts, you get all your cancelled checks back with your monthly statement. These days they don't send the physical check but instead include printed images of both sides of the checks. At least that's how my business checking account works.
With draft accounts, they don't return the checks to you, which is a lot cheaper for the bank. If you need a copy of the cancelled check they'll print one out for a small fee. But anymore, you don't even need to do that; if I go online with my credit union I can print out the cancelled check from my home computer. You can't get copies of checks that are "processed electronically", but I've never heard of individuals doing that; typically it's big utilities that process electronically.
With respect to certified checks, when most people say "certified check" they really mean a cashier check. They're not the same: cashier checks are issued by the bank, while certified checks are issued by you and certified by the bank to be good. Both are considered to be "certified funds". In 60+ years, I've yet to use a certified check. The only time you have to use a certified or cashier check is when the payee requires it; it's not generally in the payer's interest to use them.
I feel it's important to use personal checks when paying your most important bills: your federal, state and local taxes. The government can take away your property or your freedom if you can't prove you've paid your taxes. This came home to me a few years ago when the Colorado Department of Revenue sent me a nasty letter saying I hadn't paid my share of the taxes on my Colorado partnership return. Well, I had included a check for the right amount in my name with my SSN on it with the return. But I didn't include the paperwork that said it was for that particular return, so the DR pretended they hadn't received it. I simply went online, printed out a copy of the cancelled check and sent it to Revenue, along with a sarcastic letter, and that was that. I hate to think of the hoops I would have had to jump through if I'd paid with a cashier's check.
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