My former employer did my last paycheck by direct deposit then next day went in and took it back out. Legal or not?
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My former employer did my last paycheck by direct deposit then next day went in and took it back out. Legal or not?
You failed to follow the instruction to identify your state, and you haven't shared any relevant facts. It would be helpful if you would do both.
If, for example, your employer accidentally paid you for work you had not actually performed, then corrected its error, that would be permissible.
The magic 8-ball says to consult the paperwork you filled out to request direct deposit (you probably gave them permission to do it)... otherwise, answer the questions above.
My company paid me check, then next morning took it back. A month later said they took it back because they said i abandoned my semi withe loaded trailer on the side of the road. I parked it on their yard where the rest of their trucks are. Taking back my check was for the fee to recover the truck, but I parked it on their yard. I want yo know what the law says concerning going back in to someone's checking account to do that. Can it be done legally or do they need permission or not.?
It CAN be done legally, yes. They cannot just reach into your account and take out whatever they want but they can reverse a direct deposit. They may ONLY reverse the exact amount of the deposit and they can only do so within 5 days of the deposit. Any more information will have to wait until you answer the all important question - WHAT IS THE NAME OF YOUR STATE?
My state is tx
Were you an employee or an independent contractor?
so did they pay you by check or by direct deposit?Quote:
jspray38@gmail.com;815777]My company paid me check, then next morning took it back.
and is it next morning or a month later? You got some confusing stuff going on here. Try to make your statements complete and clear.
. did you?Quote:
A month later said they took it back because they said i abandoned my semi withe loaded trailer on the side of the road
so why would they say you abandoned it as described?Quote:
I parked it on their yard where the rest of their trucks are.
I can answer part of that JK. They say he abandoned it because he was under load. One of the more nefarious tricks to keep drivers wanting to quit is keep them in a situation where they will always have a poor reference and might be subject to a contractual penalty. It is likely if they knew he wanted to quit, they would never allow him near a terminal except under load.
So, did you end up getting paid at least minimum wage for hours worked? Are you still employed?
No I didnt, I had someone with me, why would a company lie to twc on paper lIke that. Aren't they scared to do that?
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I didn't abandon truck, I even went thru their inspection process going into yard. My fiance was with me. They said my check reversal was because it was abandoned but it was not, I parked it on their yard. Why would they deliberately lie?
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no I got 16.49 out of the 806.21 owed. I will take this all the way I can because they are wrong and lying, I am not lying so I don't have to make up lies to cover up last lies.
Then your recourse is to file a claim with the TWC. However, the illegal part is not paying you. Reversing a direct deposit is not inherently illegal - refusing to pay you is illegal. Had they then turned around and paid you for the time you worked, we wouldn't be having this discussion.
cbg remember most truck drivers are not afforded protection by standard minimum wage laws.
That's fine, but it's for the TWC to work out.