Can my employer stop my direct deposit to force me to come in for it after a debilitating auto accident?

I have been well injured in a car accident with proof of before and after damage done to my spine. I have been following medical treatment as advised from both doctors and my lawyer in concern to this. This occured last week. However in the process of this my employer has been nearly harrasing me and guilting me into missing work despite the advice of my doctors and lawyers(not to mention I really cannot perform these job duties as what they require(stock manager). I have been good about notifying her and sending her the proper documentation.

Asked on July 14, 2012 under Employment Labor Law, Nevada


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country your employer cannot stop the direct deposit of your pay check to force you to appear at work when you have medical clearance to be off work. I suggest that you consult with an attorney that practices in the area of employment law to send your employer a letter with doctor's excuses from attending work enclosed.

Such should stop the perceived harassments that you are getting at work from your employer.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have missed work without using paid time off (e.g. sick or vacation days) or leave guaranteed by law, such as by the Family and Medical Leave Act (FMLA), you could be fired for absenteeism--your employer does NOT have to allow you time off from work for medical reasons, except when using PTO or legally guaranteed leave. Similarly, if you can't do the job you were hired for, your employer may terminate you, even if the reason you can't do it is injury from an accident. Since your employer could terminate you, they could take lesser steps, like suspending you as well. And direct deposit is a benefit or luxury, not a right, so the law does not require employers to provide or continue direct deposit. In the situation which you describe, unless you are using PTO or FMLA leave, your employer may take action against you.

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