Legal Question in Employment Law in Florida

Employer screws up direct deposit, am I stuck with overdraft fees?

My employer put my direct deposit into an old account closed as of 5/14/03. I stopped the d.deposit for this acct in mid 03/03. I got a new acct with a diff. bank in april, and requested d.deposit for the new acct in may. On 5/27 my paycheck was sent to the old bank and the bank reopened w/out approval. I assumed that it went into the new bank acct due to the latest info given to my employer's payroll dept. I learned of the mistake until wed. 5/28. Due to the mistake, I have fees total $120. Human Resources states that I am responsible because I should had made sure my funds were available. Well, if my check said it was d.deposited,how much more proof is needed?

The Store Manager sent an emailed the Vice President of H.R. to inquire about reimbursal of my fees, she responded with the same excuse as stated above. I've learned of 3 other employes that have had this happen in the past and the company took care of the fees. They were all in management positions, and I am just a p/t cashier. Is this discrimination? It was their mistake, if they were getting a new system they should have warned all the employees about it. What are my rights, are they responsible?


Asked on 6/25/03, 3:20 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Employer screws up direct deposit, am I stuck with overdraft fees?

Your employer is not legally obligated to pay these fees and there is no unlawful discrimination that I can see if they choose not to pay. However, if you continue to press the issue you may get them to cough up the $120.

Read more
Answered on 6/25/03, 12:50 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Florida