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Questions about mess up with pay Pennsylvania

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  • Questions about mess up with pay Pennsylvania

    I have a very long story, but hopefully I can keep it short. Last year I worked for a company and I got pregnant. They had a policy that I could take off for up to 8 weeks with 100% pay and anything after that was 60%. Then around Nov., I was told that my company was partnering with a company in India. Their policy is 70% for up to 3 months. We came to the agreement that they would use my signing bonus to compensate me for the 30% of lose wages. I went into labor on May 4 and I was supposed to get a paycheck on May 15. I sent my short term paperwork to my HR person via mail. On the 15th my employer direct deposited my money into bank account. On the 16th they took out the money out of my account without my knowledge. I just had a c-section and I was also having my kitchen remodeled and that is where my internet hook up was. So I didnt have an internet connection to look up my account. They should have told me that I wasnt getting paid. On May 30th I was supposed to get paid again and they didnt. At this time I got a letter from my bank stating that I was overdrafting a bunch of debits out of my account. I finally called my boss and she got HR and payroll involved. 6 weeks after I had my baby, I was told they didnt receive my paper work. I asked them to send them again, so I could go to the doctor again and get the papers filled out again. They took several days to email them to me. I went to the docs office and they filled them out again. This time I scanned them and emailed them to everyone that my boss has been talking to. In that time they sent me a wire transfer for the money that I was supposed to get (2 paychchecks). My insurance finally got the paper work and started sending me checks.but it was all 70% of my pay. Things were going good until I started work July 28th. I never got a check on the last day of the month and ever since then they have been late with my checks. And I'm setup for direct deposit. I expect my checks on the 15th and the last day of the month. Every pay since i started has been late. I have a total of over $1500 just in overdraft fees. What can I do?

  • #2
    What are you looking to have happen here? Overdraft fees are typically the responsibility of the employee as the employer has no control over how much an employee has in their account nor what they may be writing checks for or the amounts.

    While you were out it sounds like there was an STD policy in place that should have been paying you, not so much the employer. If that is the case, no benefits would not be paid if the paperwork was not received. If you were paid by accident by the employer, they could fix the error. Unfortunately that happens sometimes when an employee goes out close to the close of payroll.

    Did the paydates change while you were out? It seems this may be the case. Are others being paid "late" as well? How late are these payments?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3

      I want to know if it is illegal or wrong:
      -to take money out of a bank account without permission?
      -not get a paycheck/funds for a month?
      -Not tell the employee that they didn't recieve the paperwork for 6 weeks?

      When I got back from maternity leave:
      -3 Paychecks have been late (in between 3-6 days)
      -They never communicated with me about what the issue is.
      -I have asked what is wrong and when this will be fixed and they blow me off like there is nothing wrong. The lady that I've spoken to in payroll told me everything was going to be ok this past paycheck and I got a blank voided check, like the check before this one. So I had to call and request something to be done about my check. The guy told me that he would have to wait 2-3 hours before he can contact anyone. They finally wired me the money after hours.

      I know that this doesn't mean anything, but I didn't know if there were laws that stated that a check had to be to the employee by payday or not. Is there anything that states that it is not legal to hold your pay for any length of time past your regularly scheduled payday. In my opinion, my wages are not a loan, they are due on time. Because the employee earning the wages uses the wages for things they need to survive.

      I would also think that they needed written authorization to take money out of my account or at least verbal communication.

      To answer your questions:
      -The pay dates did not change while I was on maternity leave.
      -Other are having the same issue, just not to the extent that I am. (since we moved to this new company)

      Please let me know if there is anything out there to help me.


      • #4
        If payroll is consistently screwed up, it may be time to move on to another job. I'll let Patty handle the actual law part as she is by far the expert on PA payroll around here (at least among the regular posters).

        In general, if you don't get paid, you can file a claim for unpaid wages with the DOL. However, it is not an instant fix and someone who is paid a few days late but is wired the money is not going to be a huge priority. Priority goes to those who have not been paid at all for much longer. 3 late payments of a few days that is corrected just isn't going to rise to the top of the list. I'm not saying it doesn't cause problems or is excusable, but reality is that those with the bigger problems that have yet to be resolved are going to be handled first.

        Your employer was not required to tell you that the disability paperwork had not been received. It might have been nice if they had followed up, but it isn't required. If the STD carrier is the one who processes these, your employer may not have even known the paperwork was not in.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


        • #5
          Just a little bit more info. My employer had me send the STD papers to them. That is the reason why I thought that they should have been the ones to tell me that they did not receive the paperwork. They wanted me to send it to them so that they could copy them and fill out the rest of the paper work and then send it to the STD company.

          I just want to thank you for spending time to help me on this issue. It means alot. I just want to understand the difference of what happened and what should happen...or what can happen.


          • #6
            Makes more sense why you thought they might contact you but it still isn't your employer's job to follow up and make sure you complete and turn in the paperwork on time. Depending on the size of the employer, it may not even be realistic for them to do this. I know at any given time I have several hundred employees out and tracking this sort of thing would just not be feasible.

            Even when I worked for a much smaller employer, my duties and responsibilities were more diverse and so while I would tell the employee when I needed the forms by, the responsibility was still on them to actually get the doctor to complete them and turn them in. Typically the employee knows if they have turned these in or not. With paperwork of this type I always recommend employees either have someone drop off the forms in person, fax (if allowed) or send by some sort of registered mail so you know for sure they were received.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


            • #7
              Was the paycheck actually reversed from your account? When you signed up for direct deposit, the form should have included a statement that the employer could request reversal of DDs for funds to which you were not entitled.

              Agree with ElleMD on the rest of the paycheck issues. PA law requires that the employer set a "regular pay date". Why does payroll say that you are not getting paid on the regular date? AndI don't mean this to sound as harsh as it might, but $1500 in overdraft fees? Seems to me that if the employer was as unreliable as you say in meeting the payroll date, you would learn not to write checks or continue with automatic credits without first verifying that the funds were there.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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