If my employer depositied my paycheck in the wrong account, what doI do?

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If my employer depositied my paycheck in the wrong account, what doI do?

My employer sent my paycheck into the wrong account. Now they are telling me there is nothing they can do about the situation. I worked for my money and now they refuse to give it me.

Asked on October 4, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If the mistake was their mistake, not yours, then they need to pay you your wages; they can't use their error as grounds to not pay you. They should pay what you are owed, then they certainly can take whatever actions are appropriate for them to recover the incorrect payment from the wrong account. However, the bottom is, whatever they do about that payment, they owe you your money, and if they won't pay it, you would have the right to sue them for it.

If the error was yours--e.g. you gave them the wrong bank account information--then it's your resposibility to fix this, though the employer should cooperate with you (e.g. confirm to the bank that the money was meant for you, not the account wherein it landed). But if the error was yours, the employer does not need to reissue your wages to you.


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