Am I still being paid if I’m unable to access my pay?

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Am I still being paid if I’m unable to access my pay?

I have started getting paid by paycard since I don’t use bank accounts. I keep receiving paycards that don’t work. Am I actually being payed and can I make my employer

pay me by check?

Asked on October 27, 2016 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Why are the paycards not working? If the problem is that you are using them in machines or at places that don't take them, that's not the employer's concern--you need to use the card's properly, as they are intended (even that means, for example, opening a bank account to deposit them).
If, however, the problem is that the paycards are not being properly enabled or not having money loaded into them, then no, you are *not* being paid--and you could file a complaint with the state department of labor due to the failure to pay you, and/or sue the employer (e.g. in small claims court) for the pay. You must be paid for the work you do, and can take legal action if not.
However, you may also wish to consider opening a bank account, even if only to receive your pay (whether here or at a different employer in the future)--you are handicapping yourself by not having a bank account. Even if you use it for no other purpose and withdraw the money right after it is deposited, you will make your life easier.


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