What can I do if my employer deposited my check in a checking account but I don’t even have a checking account?

Furthermore did not fill out any paperwork to approve this. No idea if it will be fixed or not all I know is they stole my check put it a checking account that is not mine and without my pay my 1 and 2 year olds go without food, milk, diapers, etc. What legal action can I take to protect my family and to get my money?

Asked on April 7, 2016 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your employer has to pay you the money, unless they can show that *you* gave them incorrect instructions as to where to send it--which you evidentally did not. If the employer sent the money to the wrong place, they are liable for it and still owe you the money: they have not fulfilled their obligation to pay you until they send the money to the place or address, etc. that you designate. If they will not voluntarily issue you a new check, you can contact your state labor department (DOL) to file a wage claim; the DOL may be able to help you. If they cannot, you could sue your employer, such as in small claims court acting as your own attorney ("pro se") to save on legal fees, for the money.


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