Withholding??

[aubalina]

I worked part time for a franchise in NJ. Recently I quit my job with the traditional 3 weeks notice. When payday rolled around for the weeks I had worked previously, it was directly deposited and available for use. On the following Monday, my employer cancelled the direct deposit, causing me to go overdrawn and getting hit with over $200 in bank fees. When I called my employer to discuss the matter, she not only said, "Too bad your bank is slow," but also claimed that my check was cancelled because a)I didn't give 2 weeks notice (which I know is untrue, plus NJ is an at will state) and b) I owed materials to them that they gave me to use (which I had offered to make arrangements to return but could never get a hold of her). The bank has no idea who is at fault, and neither do I. I never signed an agreement to return any materials AND I was never told the amount that the materials were worth, although she claims that they are worth $300. Since, I have returned the materials and she has returned my check, sans bank fees. Can you withhold a check based on materials owed and, if not, is she liable for the fees? HELP!!!

[Pattymd]

No, generally speaking, a check cannot be held for recovery of company property. Now, to the issue of the employer reversing the direct deposit. They say they don't know who did it? Huh? In any case, my understanding is that the originator of the transaction must notify the employee of the reversal. However, it doesn't appear that the employer has any financial obligation to the employee if they do not. You can ask though. Politely.