Direct deopsit/ employer recalling paycheck?

Question

I had an employer who disputed a payroll claim on me a few yeas ago, they said I didn't work the hours I claimed. until it was resolved, they deducted it from my account.

My wife is leaving her employer and owes then the remainder of her contact, only about 400.00. can they take that from existing money we have and if so how.

Please, if you don't know, please don't guess. if you have a website or an article, please include it.

Answer 1

I signed up for direct deposit on one of my jobs. I remember the form specifically said, "If we make a mistake, we reserve the right to withdraw the money from your account."

Nothing ever happened, but I specifically remember that statement. You might want to check the form you filled out, if you still have it.

Answer 2

sorry my spell check is not working


legally no, no, no. did this happen in canada, that is where i am at, i am a financial consultant accountact and i work for a lot of business, either i go in and do the work, or i over see their bookkeeping department...

now on a spot check with a construction company, one of the employees in the payroll deptment over paid an employee 1800. instead of 800. we called the employee in the office and explained to him that we over paid him in error , and asked if he would pay us back, we are required by law to ask for a remembursment, he is not required to pay us back , we were hoping for the honor system here.from the employee

the company decided to be smart and let him go and deducted the amount from his final vacation pay, the labour board contacted the company and gave them 5 business days to pay out all the vacation pay, as by law the can not hold the money from him, and the company was told if there is a dispute to take the employyee to small claims court, but its against the law to hold work for pay against an employee

,there was no way we could withdraw, only deposit, if that is the case then any one we make automatic payment to would have that right also, so first i would question how he was able to get the money out of your personal bank account, example one time in error my insurance company took out a double payment, they could not deposit as the void cheque was for withdraw only so they sent me a cheque...

UNLESS, where you gave your employeer a void cheque, so they can make automatic credit deposit in their bank and the employer used it and made a false claim of automatic debit payment, instead, ie: that is fraud .. that is the only way i can see how, and i would find out from your bank how and why,

i would help further but every province is different by the labour laws are the same

as for your wife yes they can deduct money legally owed to them from the last paycheck, if there is a payment owing ie; payroll advancment, legal contract with company, a different seniorio then you becasue there is a difference

and if you are in the states then i would not know sorry, but if someone in canada sees this, they might be going through the same thing and it might help them out

Answer 3

Legally, no. The most common way of getting their money would be to deduct it from her last paycheck. Even what your employer did in withdrawing your direct deposit is kind of a gray area. Whether it was legal would depend on how soon after they sent the direct deposit they retracted it and if they paid you the amount that was not in dispute while things were sorted out.