Answer:
Most deposit contracts have some verbiage that states "The bank is not obligated to abide by any restrictive legends on checks, (i.e. void after 90 days)." Assuming that you have similar verbiage in your deposit contract, this would certainly extend to "Check void before 2:00 pm" so the bank would not have liability if you honored a check prior to 2:00 pm., whether or not the legend appears on the check. However, this deposit contract only covers the relationship between you and your customer. It does not cover the relationship between your customer and your customer's employees. I recommend that you leave that discussion to your customer's HR department and your customer's employees and not offer unsolicited legal advice that you are not qualified to provide.
First published on BankersOnline.com 1/16/12
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