How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

An employee who does not have a bank account of her own asked

Resolved Question:

An employee who does not have a bank account of her own asked if she could fill out the direct deposit form and have her paycheck deposited into her husband's bank account (I assume they are not jointly listed on that account)?

According to our Quickbooks payroll processor, it wouldn't be an issue on their end since they will direct deposit into whatever bank routing number and account is given. They said the individual bank may or may not check the name closely on the direct deposit with the actual account it goes into.

But even if the system will allow it to go through, does this open our company up to liability issues - such as what if the employee is evading wage garnishments, or if later the spouse doesn't allow her access to the money etc? Is having a signed direct deposit form from this employee enough since she has explicitly directed to have her funds go into this account?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

It wouldn't expose you to liability if the employee is attempting to avoid wage garnishment or the spouse doesn't allow her access to the money at a later date, as having the signed direct deposit form from the employee is sufficient to authorize the funds to go into this account.
Customer: replied 5 years ago.
Do you know if this is actually explicitly legal or illegal? I've been hearing mixed things.
Expert:  Joseph replied 5 years ago.
Yes, it is explicitly legal.
Joseph and other California Employment Law Specialists are ready to help you