Legal Question in Employment Law in Louisiana

Paycheck backed out of my account without my knowledge

About 5 months ago I was let go from my employment. This was 3 days after the last payday. I have direct deposit. Got my check stub one day (wrote out all my checks that night and mailed them the next day) and 3 days later was let go. Found out about a week later that my all of my checks were bouncing. Then found out the company had taken my paycheck out via payroll ''reversal.'' (without my knowldege or consent). To make matters even more tacky, I then found out they actually did this the same day they gave me my paystub. They paid me to my face, and then took it out behind my back. Needless to say, they destroyed my bank account with compounding NSF charges, etc, not to mention my relationship with my bank of 15 years or my credit, as my bank has turned me over to collections to pay for all the charges they caused by taking my paycheck out of my account. I have several aspects of questions here - first of all, is that legal??? Can you actually go into an employee's checking account and take their paycheck out because you know your about to let them go??? Also, are there any regulations banks have to follow regarding direct deposit and ''reversal?'' Can I sue in small claims court??Thanks so much for your help!


Asked on 4/26/04, 7:08 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Paycheck backed out of my account without my knowledge

There are too many variables here. First, paychecks are usually for work already performed, and not for work to be performed. If that is your case, then they are in big trouble. There is a specific law which forbids an employer from deducting ANYTHING from the employee's pay without the employee's permission....you could be entitled to earned vacation time too. So you need to see an attorney and answer all his questions. I think the employer may be liable for giving you the money knowing you would bounce checks, so they may be responsible for those charges at the very least. Get to an attorney.

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Answered on 4/27/04, 7:55 am


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