I had my last payroll check deposited into my account on Nov 26th. I called the bank, it said it was in there. They pay me the same amount every month and hold some back for time off like Christmas break which is 3 weeks, easter , oct and summer.So I dont get my full paycheck I get a set amount and its spread over 12 months. I hated that job and so I decided to change careers. They put it in the bank and then my bank reversed it and they took it out. Thinking my money was in there I paid bills, bought Christmas ect..now I have over 1,000 in overdraft fees. My question is even if my former employer made a mistake on the last pay, how can they just take it out without my concent and how can my bank allow this to happen?I thought the money was in there and now they wont even let me close the account so i wont have anymore over draft charges. I worked till Nov 20th was my last day.It was almost the full month and with that and what they held back I figured it was right. They didnt put one penny back in my account of my check and there closed till Monday but the bank says I have to pay the over draft fees or go after the employer which theres no way they will pay I am sure.Do I have a legal case?Will I have a chance to win.I would have never ovedrafted if my bank didnt allow them to take back my pay. Even if it was wrong which I dont think it was, shouldnt the banks have to notify me about the reversal, a phone call , letter? and my employer never called. Ahhhhhh Im a mess about this. I am so careful to keep my credit good and now this. Now my bills are going to charge me to for being late and for it bouncing ;(
No I am not admitting the money shouldnt have been in there durrrrrrr It should have , now maybe a dollar or to difference at most. I worked the entire month and I was given a paycheck that the bank let them take away. Then they gave me no pay wasnt just wasnt just writting bad checks on my account thinking wooo hoo I got free money. No way.. they owe my my last pay which is almost a full check and then some
They didnt tell me how much I was owed but I worked almost the full month so I should have got almost a full check and then some that was held back. If you are given money and they made the mistake they should have to pay. I dont do my own payroll and it sounded right to me so I didnt question it.;The amount seemed correct so I spent it, if I knew it was wrong and gonna be taken back out then I wouldnt have spent the money and had the bounce fees so I see it as the banks fault for letting them take it out, and me acciring the overdraft charges and not letting me close my account so I wont get anymore but Im stupid hugh, magically suppose to know that they made a mistake ...not be told cause Im psycic and should know this..as soon as I found out I stopped spending
Answer by Your_Uncle_Dodge!
You admit the money should not have been there, and yet you wrote checks on it. I don't see how you can do anything about this but take your lumps.
Answer by katherine
The bank did nothing illegal. Your employer did nothing illegal if there was an error in your paycheck. You do admit that "I figured it was right. " so you must have known it was a little off. Call the employer Monday and discuss the issue. The bank simply saw your account as overdrafted and acted accordingly. However, I might change banks after this is all over.
Answer by shaun m
I am so sorry to hear that this happened to you.
I do not understand how you job could have done this since you obviously worked. I assume that you work for the school system (which would explain why they held the money out for the months that you won't be working in the summer). It seems to me that even if you did NOT work the entire month that they would owe you the money that they took out ahead of time to pay you for the 3 months in the summer. I would think that you should file a complaint in small claims court (check the dollar amount for what you are owed and make sure that it does not exceed the high amount in the court in your area). The fees that you incured are NOT your fault and since your job still owes you money, they should be held responsible for this mess! The bank should be able to assist also. I bounced a check once and they bank was able to reverse the charges that they imposed on me. This is assuming you get a kind bank manager. If you don't go to another branch and try again.
Show your bank your last paystub (that should have the amount that you had withheld each month) so that they know that your former employer still owes you money. Since you anticipate this money to be deposited soon, you have to get them to waive the fees beforehand so that your entire last check is not taken by them trying to recover the fees.
Notify the people that you wrote checks to if they are reachable (for example, your landlord is reachable , walmart is not). and let them know the situation so that they wont rerun the check thru the account again and again (and adding more fees).
Best of luck to you.
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