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Direct Deposit Reversal

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j79buff

Junior Member
What is the name of your state (only U.S. law)? Colorado
I was released after four years on 9/11/08, at the time I was told that I was going to be paid what was owed me, I received an evelope with cash and signed a document, in that document was explaination for the amount paid. I did not receive a copy, I've called HR and they said they would send me one that was four days ago. On 9/19/08 unbeknownst to me I received a direct deposit from the former employer, I didn't see it until the following Monday 9/22/08, it was posted to my account, not sure what was happening and I received that same day a non-negotiable pay stub showing taxes deducted etc.. I wasn't sure what the situation was whether they had miscalculated the earnings owed or if it was done in error. On 9/27/08 I was looking on-line at my bank statement and it showed that the exact amount deposited had been withdrawn on 9/26/08. If I understand what the ACH rule is that being five days to reverse, then in my reasoning this was done on the sixth day. Whether the employer paid me in error or not that's not my problem, the issue is did my bank discriminate against me because I'm an individual and not a big company? When are they liable or accountable to protect my intrest over the other? I believe Colorado also has a law in place that if an employer overpays they cannot make the employee return the funds due to their error. Because I was ethical and left the money in the account it was retrieved after the alotted time provided by the federal gov't for such a transaction. I have a case number with the OCC as of today. It's a national bank so Colorado regulatory doesn't apply. What if any are my options
Thanks
 


mlane58

Senior Member
What is the name of your state (only U.S. law)? Colorado
I was released after four years on 9/11/08, at the time I was told that I was going to be paid what was owed me, I received an evelope with cash and signed a document, in that document was explaination for the amount paid. I did not receive a copy, I've called HR and they said they would send me one that was four days ago. On 9/19/08 unbeknownst to me I received a direct deposit from the former employer, I didn't see it until the following Monday 9/22/08, it was posted to my account, not sure what was happening and I received that same day a non-negotiable pay stub showing taxes deducted etc.. I wasn't sure what the situation was whether they had miscalculated the earnings owed or if it was done in error. On 9/27/08 I was looking on-line at my bank statement and it showed that the exact amount deposited had been withdrawn on 9/26/08. If I understand what the ACH rule is that being five days to reverse, then in my reasoning this was done on the sixth day. Whether the employer paid me in error or not that's not my problem, the issue is did my bank discriminate against me because I'm an individual and not a big company? When are they liable or accountable to protect my intrest over the other? I believe Colorado also has a law in place that if an employer overpays they cannot make the employee return the funds due to their error. Because I was ethical and left the money in the account it was retrieved after the alotted time provided by the federal gov't for such a transaction. I have a case number with the OCC as of today. It's a national bank so Colorado regulatory doesn't apply. What if any are my options
Thanks
Look it was money you were not entitled to and you think because the bank let one day too many go by, you should keep it---Thats stealing and Colorado does not have a law that prohibits employers from recouping overpayments on wages.
 

j79buff

Junior Member
Sorry, I forgot to mention that I still have not received a copy of the document I signed the day of the release. At this time I'm only speculating that I was paid in full. This company also has a history as I was management and know for fact, that they have had several issues with banking as far as employee payments. Also if I wasn't clear in my post, it's not so much the issue of the money for me, I'd rather come across as not being bitter, more along the lines that if I continue to be a customer of this bank and when I resume employment and have direct deposit again could this or other types of situations happen again? The question I'm asking is: Does my bank have a responsibility to me as a customer to safeguard my intrest beyond those of large company? I'm curious as to who gets the intrest off that money for the time it was posted to my account?
 

j79buff

Junior Member
I understand the response posted, I've decided to follow up with the OCC on behalf of all Americans who are regularly told that there is no such thing as a bank error and that we need to trust them with our money. The former employer is a non-issue, it's the bank that makes the intrest in this scenerio, they didn't reverse with intrest included, my statement doesn't show any intrest being added.
I just realized I have another problem because of this issue, my non-negotiable check stub for the reversed amount shows me having paid State & Federal taxes, health & life insurance and I managed to acrue three hours of PTO. The former employer has already proven they have IT problems, am I to trust that they will report their error to the State and Fed so I don't have to worry about this come next April?
 

cbg

I'm a Northern Girl
the issue is did my bank discriminate against me because I'm an individual and not a big company? No. Being an individual and not a big company is not a characteristic protected by law.

I believe Colorado also has a law in place that if an employer overpays they cannot make the employee return the funds due to their error. Then you believe wrongly. No state has such a law.
 

ecmst12

Senior Member
The deposit was reversed, so it's like it never happened. You have nothing to worry about with the tax situation; that amount will not be reported on your W2 at the end of the year. It was a mistake, and I'm sure they actually asked the bank to reverse it within the time frame, it just didn't post so you could see it until the next day. You are not entitled to keep money you did not earn....ever, for any reason, no matter how much or how little time passes before they take it back or ask you to give it back.
 

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