Legal Question in Employment Law in New York

Not paid on time - results in overdraft fees and hardship

I'm 20 years old, in my last year of undergraduate school (for law/politics nonetheless) and working at the local RadioShack to pay rent, bills, and for books.

About a month ago, RadioShack failed to direct deposit my paycheck on the regulary weekly basis, citing a computer problem. As a result, bills that come out of my account on a monthly basis processed through my checking account, resulting in a number of overdraft fees when coupled with normal purchases. I was promised within the next few days, that the weeks paycheck would be deposited in the next coming week. That week came, and only the current weeks paycheck was deposited, not the one that was missed. As a result, the current weeks paycheck alone was not enough to cover my negative balance, and more bills came out, resulting in yet again more overdraft fees. The paycheck was finally deposited almost two weeks after it was supposed to be, but well after my account was in shambles. I am now up to over $800 in overdraft fees, with another couple of hundred in late fees / and overage fees on my bills. Many attempts to have this reconciled in house have been ignored, and my calls to corporate and my district offices have not been returned, what are my rights?


Asked on 7/01/07, 12:49 am

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Not paid on time - results in overdraft fees and hardship

It is your responsibility not to write overdrafts. You can not rely on what you expect to happen.

You may have some recourse against Radio Shack, but its reaching to

try to hold them responsible for anything other than a late check. The other consequences are really your responsibility.

Read more
Answered on 7/01/07, 9:37 am


Related Questions & Answers

More Labor and Employment Law questions and answers in New York