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Employment Law/Check deposited into the wrong account.

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Question
Hello,

I recently started working for a new company.  I gave my boss a check for them to enter the direct deposit information.  When my first direct deposit was scheduled to come,  I never received anything.  After looking at the stub,  I realized they entered the incorrect number for the account (a typo) and after talking to my bank the money was found in someone elses account.

The bank tells me its not their issues and my company has to reverse it.  I have been getting the run around from my company and the bank for 4 weeks now.  My company now says it had to be done within 5 days and I did not call the corporate hotline fast enough.  When this happened I went to my manager first the next day, who told me she would look into it, and by the time I was given the number to the hotline it was 7 days after the incorrect deposit.

Do I have any legal action?  

Thank you.

Answer
Since you gave them the correct information and they put it in wrong it is their responsibility.   If they do not pay you your wages than call your local department of labor and file a claim for unpaid wages.

You might first talk to your supervisor again and let him know that you have to be paid and that you gave the correct information it is not your fault the company entered it wrong. That you had a reasonable expectation that the company would enter your information correctly. You have to be paid and if you are not you will have to file a claim with the labor departmnet to be paid.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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