Employer used old bank information.

I got fired about 6 months ago and got re-hired last week. I filled out all the necessary paperwork and today I found out that they’ve deposited my check into an account I use to share with an ex. They’re saying there is nothing that can be done. I’m mad because I’m a new hire.Why would they use my old direct deposit information? The lady who’s doing payroll said someone verified the banking info with me but no one did.

Asked on February 14, 2019 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

They need to pay you your wages or salary. They cannot use their own mistake as grounds to fail to pay you. If you had mistakenly given them the wrong bank information, then they would not have to pay you again, since they sent the money where you told them to--but that's not the situation you describe.
The employer has a legal obligation to pay you your wages or salary. Unless they send the money to where you told them to (or personally hand you a paycheck), they have not fulfilled their obligation. If they will not pay you, you could sue them for the money. 
They, by the way, are certainly free to recover the money from your ex: she is not entitled to keep it, and if she does not return it, the employer could sue her for it.

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