Is it legal to not get paid because your employer forgot to cancel direct deposit after you told them you had an issue with your bank.

The bank to my money I owed them but in notified my employer they said they would stop the direct deposit but forgot and now the
bank got my money and my employer refuse to issue another check and pay for their mistake

Asked on May 2, 2016 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the employer erred--you'd given the instructions or information necessary to cancel *in sufficient time* (note: you often need to change or cancel direct deposit several days, or even a week or two, in advance, because once the process for a given payroll starts, it can be difficult or imossible to stop)--then they are liable for their error and have to pay you. If you did not give them instructions in time, then they don't have to pay: it's your error and therefore responsibility.
If it was your the employer's mistake and they won't voluntarily correct it, you could sue them for the money; that of course is a drastic step which you should consider carefully before doing, but is your right.
Note that proving that it's the employer's error could be very difficult if you did not provide the instructions in writing, sent in some way that you can prove their receipt of them (e.g. by email or fax).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.