If my employer sent my salary deposit into he wrong bank account, what can I do?

My employer sent my check to a bank that I don’t use anymore; it was still open but I gave her my new bank information 2times before payday. My old bank account was negative so my money was automatically deducted when it hit my account. Therefore, I had no money left because she failed to enter in my new bank’s information. It was her mistake, so how can I get my money that was owed to me. What do I do from here?

Asked on March 21, 2011 under Employment Labor Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, I am unsure if you have any recourse on this issue. The account was still open because it had a negative balance, which means you owed the bank. If you had emails and written correspondence with the employer, write back to her and indicate her mistake caused you a certain amount in damages. Explain that you gave sufficient notice to her before payday but make sure that sufficient notice was indeed given such that the check processor had enough time to properly direct deposit. Additionally, before approaching your employer, you may wish to contact your state's Department of Labor and inquire about such past issues any complainant has had and if your state's version of the Freedom of Information Act would allow you to know the results thereof.


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