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My former employer deposited my last payroll and then reversed it.

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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 08:15 AM
Original message
My former employer deposited my last payroll and then reversed it.
I'm speechless.

I guess they can say they paid me before they unpaid me. I didn't realize banks would let them pull crap like that.

And they're trying to block me from unemployment compensation.

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Guava Jelly Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 08:31 AM
Response to Original message
1. tight asses
geeze
Sorry about the drama.
Good luck and vibes on finding another better Job
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davsand Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 08:33 AM
Response to Original message
2. I still think sending them the enemas is a plan.
Have you contacted the Federal Wage and Labor people yet? I think they can get into disputes about this kind of stuff.

They have to pay you what is due at the time you separated, and from what I recall it has to be done with at the regularly scheduled time (as if you were still employed there.) Double check me on this, but I'm pretty sure I'm right.

The thing about pulling the deposit from the bank, however, may have been something that they could do based on whatever forms you signed when you set up the direct deposit. The authorization for them to withdraw may have been included and if that is the case you probably have no recourse on it.

Gawd, this kind of stuff just pisses me off. WHY do companies have to act like this? I have been on the end where you have to end employment relationships, and it is no fun to do. Having said that, I will also say that I have seen people who DO enjoy screwing people for sport--and I am honestly wondering if that is the case here. You have had your share of crap from these guys and I think you will be well rid of them once you get your last check.

Hang in there.


Laura
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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 10:27 AM
Response to Reply #2
3. I'm doing some paperwork for the unemployment compensation now
but its all very murky.

They never actually gave me a review or a warning. They never wrote me up. I never violated any written rules. The rule I broke is one they just made up and its based on their lack of IT knowledge.

But so far the company has been very good at using everything I have done and said against me.
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davsand Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 10:53 AM
Response to Reply #3
6. Aren't they claiming you abandoned the job?
I think I remember seeing that they'd claimed you abandoned them--right? They are gonna try and tell the folks at Unemployment that you quit rather than being terminated. Be prepared for that one--OK?

Do you have anything from them in writing (or email) that admits they cut you off?

As for getting the cash they owe you I'm very serious about calling the Feds. I had to do that one time when I walked out on a country club and they tried to screw me. I filed a complaint with the Feds and they made one phone call and suddenly my last check was available--even tho the "book keeper was in Africa" when I went in to collect that last check originally.

:evilgrin:

I am SO sorry you are dealing with this crap.


Laura
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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 11:03 AM
Response to Reply #6
7. Curiously enough, that's not what they are saying
Although I think they could make a case for it they aren't.

They are saying insubordination/work rule violation to the Unemployment people. Now that's really silly because at no time did anyone ever TELL me I was insubordinate either verbally or with a written warning. So I think they have a pretty weak case for that. Believe me, there's no way I could have worked for a total asshole, but I was never directly insubordinate so it was never out in the open in an HR sort of way.

The way I framed it was "Why is my new manager so hostile and sexist toward me? He has never even talked to me one on one?" I implied that he didn't have the social skills to be a manager, and I really don't think he does.

They are also saying that I violated a work rule, but its a rule they just made up for this situation regarding the use of Microsoft Outlook to look at a publicly shared calendar. The human resource lady's calendar is publicly shared and I looked at it and told her so, and they are calling that gross misconduct and using it as a reason not to give me unemployment compensation.

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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Sat Mar-17-07 10:33 AM
Response to Original message
4. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 10:46 AM
Response to Reply #4
5. No one who works there is still acting like a friend
After what happened to me they're all scared to death.
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Maineiac Donating Member (361 posts) Send PM | Profile | Ignore Sat Mar-17-07 11:12 AM
Response to Original message
8. OK, so they receive a package from the Brownie of the Month Club
Who can resist free brownies, regardless of the source
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BluePatriot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 11:37 AM
Response to Original message
9. Take that bank statement with you
whenever you fill out all of your unemployment forms. Also send a certified letter to your employer saying as per your bank statement on such and such date you have noted the following deposit and withdrawal, please correct this error or send a clarification. Depending on what you get back combined with that bank statement ( a nice little third party document) it's a good illustration of a bad faith action by your former employer (hostile environment) that can help your case.

Sorry they are screwing around with you.
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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 12:26 PM
Response to Reply #9
10. I am honestly not sure if they are screwing with me
or if they are really just that completely incompetent.

The VP of finance manages payroll and IT. I've sent him a bazillion emails since I discovered it last night. He can fix this. Its probably a mistake. He's probably just really really stupid and has really stupid people doing payroll. Thats why he can't figure out that the guy who he hired to be IT manager is really really stupid. I almost feel sorry for him. He's pathetic.

But wouldn't ANYONE be FURIOUS if their payroll were deposited and reversed? So over the weekend, the longer this goes on, I will email every single person in the company if I have to. I'm already emailing the CEO.
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BluePatriot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 07:06 PM
Response to Reply #10
11. Send a letter anyway
No matter their intentions or what happened it's appropriate and important to document everything going on. At the least it makes you look thorough and reasonable to the unemployment folks. Even an email with "return receipt" should have the same effect/purpose if you are trying to save $$$.

Good luck!
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mtnester Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 07:16 PM
Response to Reply #9
12. I do not think that your employer can withdraw that deposit unless there was
an error within the actual payroll itself...as an example, if they were supposed to pay you for 40 hours, and a data entry error plugged in 400 hours....ooops...yes they can reverse that one then redeposit, but they MUST notify you.

To withdraw a direct deposit pay, with no errors on the actual pay, may be quite possibly illegal. If you can prove it was punitive, there could be fines involved. Contact your state labor board...they can probably answer that question.
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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 07:53 PM
Response to Reply #12
13. I finally got a call
and they were just irritated that I emailed so many times.

I don't even think they looked into it. The attitude was can't it wait till Monday. At least it wasn't on purpose. They do intend to pay me. There was no mistake in the amount. They were going to hold it back, then they reversed it. But the timing may have been off and someone held it back a second time and now no one has reversed it a second time.

They are arrogant as I guess they can't imagine what its like to actually need your paycheck as badly as I do and to have a day where that's all you think about.
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skygazer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 08:00 PM
Response to Reply #13
14. To me, that's the most obnoxious attitude
I have a friend who waited over a year and a half to be reimbursed by the IRS for an error made by the IRS. Now if that friend had been late paying the IRS, do you suppose they'd be so flippant about it? I doubt it.

It's irritating. I doubt if your mortgage company or car lienholder or utility company would accept any kind of excuse for a late payment yet your former employer thinks it should be no big deal to you to have this happen.

I hope it gets straightened out quickly - I understand all too well how much one depends on getting the money they expected to have. Too many of us have very little in the way of financial buffers. :hug:
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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 10:20 PM
Response to Reply #14
17. You know, I was talking with a friend tonight
and we agreed- it doesn't matter if you make $15K a year or $150K a year- NOBODY likes their paycheck being even one day later than its supposed to be.
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Generic Brad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 08:03 PM
Response to Original message
15. Banks just follow debit and credit instructions
This is entirely your former employers doing.
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 08:31 PM
Response to Original message
16. that is illegal
as soon as you file the papers the unemployment office will give them a call and you will receive your paycheck and any accrued vacation time. their actions insured you that there will be no problem getting unemployment unless you really,really screwed up. i`ve been on unemployment for about as many years as i have worked it seems and i`ve never heard of any employer doing this.. good luck
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