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wvCountrygirl
10-12-2007, 11:39 AM
Hello there, my name is Melinda and my employer has just asked everyone in the company to sign up for direct deposit.

I have denied wanting to do this do to some financial problems. So to punish me for not listening to him, he has taken $20.00 from each of my paychecks to cover writing me a check every week. Is this allowed or should I turn him in?

What does West Virginia law state?? What do I do?:mad: :mad:

Pattymd
10-12-2007, 11:53 AM
WV employers may not make direct deposit mandatory, nor may they deduct from your paycheck (except for taxes and other deductions required by law) without your authorization. Contact the state Dept. of Labor and file a complaint.
http://www.legis.state.wv.us/WVCODE/21/WVC%2021%20%20-%20%205%20%20-%20%20%203%20%20.htm

wvCountrygirl
10-12-2007, 11:57 AM
Are you serious??? Where did you get that article from?

Thank you for your advice! I really appreciate it. It means the world to me.

Pattymd
10-12-2007, 12:08 PM
I have a wage and hour source book that references the law cite for various issues. It's not an article, it's the actual law. I looked up the code section on the state legislative website.

(BTW, I also emailed the webmaster for the state DOL site and basically told him/her it was virtually useless. :p :mad: )

wvCountrygirl
10-12-2007, 12:09 PM
Well you just made my weekend, thank you so much!!!

wvCountrygirl
10-12-2007, 12:21 PM
What part of the article you sent me should I highlight to send to accounts payable????? I'm not good with this legal lingo, lol.

Pattymd
10-12-2007, 12:54 PM
Why Accounts Payable? It should go to HR or the Payroll person or the payroll person's manager.

pay them the wages due, less authorized deductions

The key word here is authorized.

FlyinHawk
10-12-2007, 03:40 PM
This may not help you since its not legal advice, and apology if it just wasted your time reading this.

But there are new cards that are prepaid visa cards, they also allow direct deposit for free on them, its not through a local bank or anything so if you have problems were you cannot open a banking account you can use them. Its just like a credit/debit card and gives you the ability to use them at ATM's and everywhere else.

I am not sure if this is why you cannot do Direct Deposit so I thought i would offer that option.

mikswi
10-12-2007, 04:54 PM
I am not sure if this is why you cannot do Direct Deposit so I thought i would offer that option.

Usually when an individual does not want direct deposit it has to do with problems having an account. Too many bounced checks and banks will turn away your business, things like that. Im NOT saying thats whats happened here.

Be advised though that if your employer wants direct deposit for all the employees in an effort to make his/her life easier, then it could be a dealbreaker for you and you may be termed for it.

Just another thought.....

wvCountrygirl
10-15-2007, 11:00 AM
That is what I meant, accounts payable/HR/payroll all the same person here. It's a small business. The whole point of me posting on here was that I just think it is totally unfair for them to take money from me, because I did not do what they wanted. How can a business make you do direct deposit??? Thats my point.

I choose to not get my check deposited, due to a recent issue with my divorce. Not due to bounced checks and overdrawn accounts btw.

Pattymd
10-15-2007, 11:25 AM
I already advised you that, in your state, mandatory direct deposit is not allowed. Neither are unauthorized (by you) deductions from your paycheck. Simple as that.

wvCountrygirl
10-15-2007, 11:28 AM
Thanks again, just clearing up about the HR and my bank account part.

mikswi
10-20-2007, 05:41 PM
I already advised you that, in your state, mandatory direct deposit is not allowed. Neither are unauthorized (by you) deductions from your paycheck. Simple as that.


Interesting. I got hired on at a company a while back and during the interview I was told that direct deposit was mandatory. (large company, approx. 1,000 employee's)

i signed up because it made my life easier when on the road.

Pattymd
10-21-2007, 08:29 AM
Interesting. I got hired on at a company a while back and during the interview I was told that direct deposit was mandatory. (large company, approx. 1,000 employee's)

i signed up because it made my life easier when on the road.

In some states, mikswi, it CAN be mandatory as a condition of employment. It just can't be in WV. I always recommend employees enroll in direct deposit if it is offered.

mikswi
10-21-2007, 11:10 AM
In your state......

I guess I should have read your entire post huh? :o

wvCountrygirl
10-23-2007, 05:51 AM
Guess What???? I went to Payroll, explained that I talked to DOL and if I didn't recieve my money back, I would go forth with the case. They refunded my money two days later. THANKS EVERYONE!!!

moburkes
10-23-2007, 06:10 AM
Guess What???? I went to Payroll, explained that I talked to DOL and if I didn't recieve my money back, I would go forth with the case. They refunded my money two days later. THANKS EVERYONE!!!

Sometimes the bosses know better, and believe that their employees are uninformed, and won't complain, because they don't know that its wrong.

In other instances, the employer doesn't even know that he's doing something illegal.

But, glad you were able to get your money back, and that the employee has learned something.:)

wvCountrygirl
10-23-2007, 06:14 AM
Well it just made my day, payroll told my arrogant boss and he was fuming. He thinks he knows it all and like you said, he thought I would never find out (uninformed). Well its just like that song goes "you must not know bout me" . She told me when we had the talk that before he decided to take out $20.00 he was gonna hold my check every week until I filled out the paperwork. YEAH RIGHT, that would have went over real good.

Pattymd
10-23-2007, 06:24 AM
Bottom line is the deductions were refunded and the boss now knows (if he didn't before) that he can neither require you to sign up for direct deposit, deduct such monies from your paycheck without your written authorization, or hold your paycheck for any reason.

Glad it worked out.

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