Employer messes up direct deposit, are they responsible for fees?

[LaRubya]

What is the name of your state? Florida
Hi my name is Sara and I just need someone to point me in the right direction. Please bear with me, I know its a long post, but you need the details to fully understand the situation.

My employer put my direct deposit into an old account I had, that was supposed to be closed as of 5/14/03. I had quit the direct deposit for this account in mid to late March. I opened my new account in late april early may, and signed up for the direct deposit for the new account then. On May 27th my paycheck was sent to the old bank account and the bank reopened it when they received the direct deposit

I received my paystub and it showed that it was a receipt for direct deposit, but it doesnt show the bank name or account number. I assumed that it went into the new bank account because that is the information I had given them recently. I didnt learn of the mistake until wednesday May 28th, when I called human resources dept. and they said they were going to research it and call me with the results. Human Resources never called me, around 3pm I called them and they told me it was in my old account and that it would take a few days to get the money back and a live check would be issued the next payday. I was on a cell phone, I got disconnected, I called again, and another lady that I talked to told me to get the money from the old bank, but by this time I would have one had 10 min to get to the bank before they closed. Thursday, May 29th , I didnt hear anything from them , so I assumed that they were working on getting my money back from the old bank. Friday, May 30th my money is still in the old bank, but I had bills to pay, so, I took the money out of the old bank.

Heres the problem, I over drafted 4 times, equaling $120.00,
one item was purchased monday, but didnt go through until thursday, the other three were purchased on tuesdsay, when my money should have been there. Human Resources is saying that they are not responsible because I should had made sure my money was in my bank account. Well, if my paystub said it was direct deposited, to me that said my money was in the account, how should have I known they would screw it up?

The Store Manager sent an email to see if the Vice President of Human resources would take care of it, she responded with the same excuse, that they had technical problems with their new program and that I should have made sure my money was in the right place.

Well, the next week , they did it again, I had to go to the other bank again and get my paycheck and close the account for the 3rd time. For the next two weeks I received live checks, which is a problem because I get charged if I dont receive a direct deposit into my new bank account.

I've learned of 3 or 4 other employes that have had this happen in the past and the company took care of the problem. They were all full time and in management positions, where as I am part time and just a customer service associate. Is this why they dont want to pay for my fees?

I feel that they are responsible, it was their mistake, if they were implementing a new system they should have warned all the employees about it. What are my rights, what can I do to get the money I got charged in fees?
I will appreciate any help!

 

[TazTaz2T]

My employer put my direct deposit into an old account I had, that was supposed to be
closed as of 5/14/03. I had quit the direct deposit for this account in mid to late March.

I take it you gave the Employer the "old" bank acct: info , yes ?
Then after a period,gave them the new acct: info ,to deposit your pay into ?

You should have taken the money out of the"old" account.It's your money !! Once they
continued to send your pay to the old account,you could have "charged" debts to that
account w/o being overdrawn.

You may be able to recover If your' Employer Documented the change,but never
established it,from the dt. they noted the change.

If I were you ,Go to the bank.I would ask the bank ,on which you overdrew,to forgive the
Fees associated with the overdraws.
Take the proof of the other account,the Employers stubs,etc.

They may in good faith forgive the fees. If not insist the employer, re-emburse you for the
fees from the time they were told of the changed accounts.

It's not your responsibilities,because they had a glitch !! It's theres.

 

[JETX]

Actually, I think that both parties have some liability in this.

They clearly screwed up in not sending the payments to the correct bank.

You screwed up in not making SURE that the funds were properly received BEFORE spending the money. You simply should not have assumed that everything worked.

Bottom line..... I can easily see that if you were to continue to pursue this issue, your 'value' to the company could be impacted. I suggest you offer to split the costs you incurred. If they refuse, then you can chose to pursue your claim and possibly damage your job or future, or just to absorb it and not endanger your position. Sometimes you have to lose the battle so that you can win the war.

 

[hairdo]

read my situation a few scrolls down under the name hairdo. a similiar problem has happened to me i talked to an attorney and my boss is responsible for all my fees.