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I quit my former job because I got another job working some place much better. I never gave my former employer any notice that I was leaving. Now, they are giving me a hard time getting my pay. I had direct deposit the entire time I was working there and my boss called me up and said that I was out of my money because she canceled my direct deposit and she won't give me my pay because I didn't give her any notice. I understand that I should have gave her notice, but I didn't. I can understand being upset with me, but it's illegal(from what I know) to keep someones pay from them. So, can she stop my direct deposit without my authorization or is it illegal?

2007-12-11 13:35:23 · 12 answers · asked by Kristina F 2 in Politics & Government Law & Ethics

12 answers

An employer can stop direct deposit anytime they want to.

BUT, they cannot withhold pay even if you didn't give notice.

Call your state's labor board and file a complaint. Odds are they will mail your check out immediately.

If not, then you can sue in small claims court

2007-12-11 13:42:10 · answer #1 · answered by Gem 7 · 1 0

1

2016-12-24 20:54:39 · answer #2 · answered by Anonymous · 0 0

Your boss can stop the direct deposit, but must give you a paper check instead with a pay stub. Its illegal for an employee to with hold pay that you worked. If you signed something that stated you will not get your last check unless you give a two week notice, but im not sure if it would stand up in court. I don't think work places have you sign any notice though, so you don't have to worry. Go to your boss and demand what you are entitled to. If she says no, then say fine, you will be hearing from my attorney, and I will file as many complaints as I have to until you are out of a job. Play hard ball with her.

2007-12-11 16:26:57 · answer #3 · answered by Anonymous · 0 0

Two separate issues. If you are due monies for time worked, you must be paid.

How you are paid, whether by final check or direct deposit may be an employer option. Many employers stop the last direct deposit because they have to draw a final check and remove someone from the payroll. Many companies do a regular payroll check for last pay. Contact your former employer in writing asking for your final payout. If they still refuse, call a lawyer friend and have a letter sent.

2007-12-11 13:41:07 · answer #4 · answered by evelynj1948 3 · 1 0

before you go to small claim court.

did your employer say they were going to pay you in any form of a physical check? Since, you said your direct deposit has ended. Some employer do stop direct deposit and issue you a final physical paper check.

or is employer saying they won't pay period then go right ahead to small claim court.

2007-12-14 13:16:06 · answer #5 · answered by LeteshaSC 3 · 0 0

It's Illegal what's she's doing, she owes you the money for what you worked for, she can't hold that back from you. She might be able to stop the direct deposit from the company you were working for but you should talk to your bank, they will give you the right answer about that. She owes you for the time you worked and she can't hold it back, so take her to Small Claims Court if you have to, she owes you.

2007-12-11 13:55:26 · answer #6 · answered by 24Special 5 · 0 0

They were doing a direct deposit as a favor, so I guess they have the right to issue a paper check, and not a direct deposit.. Not sure though.

2007-12-11 13:39:03 · answer #7 · answered by Anonymous · 0 1

Usually, the employement agreement includes a clause that you have to give two week notice in writing, in order to recieve your last paycheck.

If you didn't have such agreement, still, cancelling direct deposit is NOT illegal. How you get paid is not in the law. The fact you get paid IS. The employer still needs to pay you one way or another.

Assuming you didn't have any agreement about two week notice and the last pay, call and tell the employer, you are coming to collect your last pay.

2007-12-11 13:41:34 · answer #8 · answered by tkquestion 7 · 0 1

Method of payment is up to employer. The only fact is that you must get paid for ALL hours worked, less any deductions for equipment not returned, leave etc. They owe you. Period. Call your state Labor Dept and a lawyer. I would send a letter, via certified mail, demanding payment and setting a date for a reply or payment. After that, sue them. They can't not pay you. Its cut and dry.

2007-12-11 13:45:50 · answer #9 · answered by Anonymous · 0 0

Totally normal - your last check has to be in paper format, not direct deposit.

2016-03-15 21:53:37 · answer #10 · answered by Anonymous · 0 0

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