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accidentlal with holding of paycheck?

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  • accidentlal with holding of paycheck?

    At the institution where I work, a new employee in payroll did not know how to post the autodeposits, so she just didn't. Instead she gave them to a supervisor who took them home and who does not plan on returning to work till 1/5/06. I have been effectively denied my paycheck and it is putting myself and others in financial difficulty. It will be two weeks late on 1/5/06. Is there any recourse open to me? I live in MD, but work in DC.

  • #2
    Have you tried making a phone call to the manager asking about this?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      with holding paychecks

      I have sent an email to the chief nursing officer who is over this person as well as to this person stating my concerns. Since it is a holiday, I do not anticipate a reply until tomorrow at the earliest. I have tried to contact the person who has my check to let me just come and get it, but she is not currently accepting calls. I left a message. I was just wondering about the legality and where I stand. If I get overdraft fees, I want them covered. I wrote a large check to pay my property taxes while in Texas on vacation. Now my autodraft for my house payment may be overdrafted. I am looking at some fees from the bank and my mortgage lender should this occur.

      Hopefully tomorrow will see some resolution.
      Last edited by Yoshie; 01-01-2006, 02:17 PM.

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      • #4
        Please post back and let us know what they say. I will tell you, however, in my not inconsequential career as an HR/payroll professional, I would not reimburse you for any fees resulting from a bounced check. It is your legal responsibility to make sure you have the funds in your account when you write the check, regardless of whose error it is that those funds may not be 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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        • #5
          I also think that since you would almost certainly have your check before a claim with the DOL could be processed, the most that would happen is that your employer would be slapped lightly on the wrist and told not to let it happen again.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            I fear you are right about the slap on the wrist. I do have other reasons for my request for information. This person who took it on herself to take other people's paychecks home with her, is notorious for being ineffectual in her job. She has friend's in high places, which has apparently saved her in the past. I want something I can document to have put in her file and hopefully get her out of a position of authority over my team. With out a paper trail, there can be no consequences. This is my paper trail, and I wanted to be sure of my facts before I took any action. I am sure she has not only cost me financial stress, but the other people who are going with out a paycheck as well with her actions. As a supervisor, I know how hard it can be to deal with an individual who is not doing their job, but if there is no hard evidence to that effect because people don't follow through, it ties the hands of those who can take action to rectify the situation. This is just one of several incidents with this individual, but it gives me the opportunity to take action.

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