Employment Law

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Customer Question
Thank you ! I...

Thank you ! I have a question . I worked for a dentist office where I received direct deposit from I quit there but went back to help out for a day at their request. No on informed me that they would be mailing me out the check for that day . I no longer live at the same address that they had on file . Now they are saying that they will give me a new check but that I have to pay out of my check for the stop payment on the previous check . Is that the case am I responsible for the stop payment charge ?

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

I have talked to the office manager at the office . She is the biggest reason for me quitting in the first place so she is not helpful she is the one saying that she will reissue the check minus the stop payment charge . No I have not talked to a lawyer . I was hoping I could get my question answered here .

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union and I have no contract with them . I was no longer a regular employee they were short staffed and called to see if I could help our for the day . That is how I did the day of work that day .

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is all I just want to know if that is a charge I am responsible for or if they do in fact have to pay me my full pay for the day I worked minus my taxes of course .

Submitted: 20 days ago.Category: Employment Law
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Answered in 9 minutes by:
4/4/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 20 days ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 531
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I can only imagine how frustrating this situation is. The default in a situation like this should be that they pay you in the same manner in which you were paid when you were a regular employee. Thus, if they intended to change the method of payment they should have notified you of that, which would have provided you the opportunity to correct the address. That said, depending on what state you are in this may or may not a clear rule; but it is the best practice for employers. Given that you did them a favor by covering when they were understaffed, you should consider making a formal request for full payment, without any deduction for the stop payment. In addition, in most states employees must be notified when and how much will be deducted from paychecks, this should include the employee's being responsible for any stop payment when a paycheck must be reissued due to the fault of the employee (e.g., lost check). Here, where each of you could argue the other was the cause/responsible party (them for sending a check when they always previously direct deposited the funds and you for not informing them of an address change), the employer has the most to lose if the required stop payment deduction is not permissible under state law due to lack of notice either that you would have to pay that if there was a check error or for failure to notify you that you would be paid differently (by check). Thus, you may want to consider insisting on a reissue check for the full amount and if the office manager does not agree; you might want to discuss it with one of the dentists/practice owners.

I hope this information helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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