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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 AttorneyPages.com 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.

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