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Is this Legal??? Work related issue? - Update

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Old 01-05-2004, 08:37 PM
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Default Is this Legal??? Work related issue? - Update

I sent an email to my payroll dept. at work about getting direct deposite into my fiances account due to me being on the chexsystem for a bad occurance with a bank that I had in 2001. Long story short a company Med Advantage stole 99 bucks out of my account for services that I so called signed up for when I didn't, ended up costing me 210 bucks in overdraft fees that I still haven't paid. Med Advantage refunded the money back into my account, but after the damage was done, anyway this e-mail was sent to one of the other financial persons at work so its not directed to me, but is about my, heres the responce:

This is a new one to me. My first reaction is to wonder what is in the
background of one of our safety/security officers that we should worry
about. Perhaps your director should look into that.
As to his question, if
he authorizes in writing the deposit of his pay into his fiances account the
risk of doing so is his and not ours, so I see no reason not to do it. Save
his email, but also get him to put the request in writing and have him
physically sign it.

I already wrote to my boss and forwarded this to him, told him I was greatly hurt and offended. I told him why I cannot get an account and why I am on the chexsystem. If I get fired or they decide not to let me go full time over this, would I be in the right to get a lawer?
Old 01-05-2004, 10:31 PM
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I wonder if you should take it to small claims court. The company that charged you for those services could be held responsible for the $210. It may also help to clear you. It might be wise to have a friend with legal experience look into it. $210 is a reasonable amount of money! Just a suggestion...and the hurt to your credit may end up costing you more in the longrun if you don't do something about it.
Old 01-05-2004, 10:39 PM
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yeah I should take legal action, but I dont have any evidence anymore, this happened 3 years ago. I was tonight wondering if some telemarketer didn't trick me into something, but that still doesn't explain how this third party company got my accound number.
Old 01-05-2004, 10:40 PM
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Let me see if I got this right....
a) payroll at work was depositing your cheque at bank X?
b) you emailed them to deposit in bank Y?
c) Company Z 'med advantage' took money out of bank Y account?
d) the email quote is between between bank Y and work payroll?
If you answered 'yes' to all of the above who are you going to sue? Company Z, they admitted to their mistake and returned the money. You could sue for damages around the nsf fees but any loss of job or non-advancement would be doubtful?

Imo I would get a letter from company Z outlinning there error including dates and simillar letter from bank Y. Take these to the places where you have late fees and ask for a break?

The company email?
well it looks like the bank is saying to payroll that it is not standard business practice to accept electronic mail to change account status? Thats why you need to go and sign now?

Hope I dont sound like an as$hat.....took me a while to type this crap
Old 01-05-2004, 11:40 PM
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Originally Posted by PontiacDad
Let me see if I got this right....
a) payroll at work was depositing your cheque at bank X?
b) you emailed them to deposit in bank Y?
c) Company Z 'med advantage' took money out of bank Y account?
d) the email quote is between between bank Y and work payroll?
If you answered 'yes' to all of the above who are you going to sue? Company Z, they admitted to their mistake and returned the money. You could sue for damages around the nsf fees but any loss of job or non-advancement would be doubtful?

Imo I would get a letter from company Z outlinning there error including dates and simillar letter from bank Y. Take these to the places where you have late fees and ask for a break?

The company email?
well it looks like the bank is saying to payroll that it is not standard business practice to accept electronic mail to change account status? Thats why you need to go and sign now?

Hope I dont sound like an as$hat.....took me a while to type this crap
Med advantage took $99 our of my account in 2001 which cause all of hells fury to happen. Now in 2004 I am seeking to have my pay deposited into my fiance account and the reason I gave them was that I could not get a bank account due to a problem I had with a bank from years ago. Now I am being treated like I did something wrong to my company to need investigated.
Old 01-06-2004, 12:06 AM
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I have direct deposit, and as far as I know, all they need is an account number, and maybe a cancelled check or deposit slip. Whose account it is has no bearing. What you want to do with your paycheck is your business. If you go to the bank, they may also be able to handle it at their end for you.

As far as the incident in 2001, you may be out of luck as far as getting your money back. And, unfortunately, credit rating and financial stuff like bouncing checks can be determination in employment these days.

Best of luck to you. I'm still climbing out of a similar hole myself...
Old 01-06-2004, 12:40 AM
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Direct Deposit sounds so good, so easy and so convenient….why not. On the surface Direct Deposit sounds good, but any time you give up control to someone that does NOT have a financial interest in you, you’re looking for trouble. Your bank does not have a financial interest in you, just the fees they charge you every month. Your boss(employer) doesn’t either, to him your just meat on the hoof. If you don’t perform your gone.(period) Banks like Direct deposit because it’* a steady customer every month which means a steady supply of fees. Your boss likes it because it saves him time and money. And you.. well you get screwed. High Fees, mistakes, overdraft charges etc. etc. It’* a well thought out game they play. Direct Deposit is the second fastest way to wind up bankrupt. Without having that check and managing YOUR funds personally, it turns into a game. You start looking at it as play money. Dump the Direct Deposit, and take responsibly for your money personally. This is not something to let someone else do; you’ll get screwed even more than you already have.
Old 01-06-2004, 12:49 AM
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Just as a counterpoint, not an argument, I've had directo deposit for close to 15 years (the Army strongly suggested it). I've never had a problem, but I also make sure I check my statement against my paystub.

If your bank or employer wants to charge you for direct deposit, then you need a new bank (new employer is kinda drastic). I've never been charged for DD either.

Just like any situation, tho, it'* your money. Watch what happens to it, and what makes you feel safest with it.
Old 01-06-2004, 12:58 AM
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Our family has never been charged for DD either. My parents deposit a small amount to me from every paycheck, and i get it right away. I always check my statement online before i do anything though.
Old 01-06-2004, 07:59 AM
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I have been using direct deposit for about 5 years and that is what help me get out od debt. The company I work for prides itself on looking out for it'* employees and I have never had a late deposit, in fact, I have had them a day early before. I signed a statement and gave it to our HR dept and they initiate the deposit, the bank just receives the electronic funds. Direct deposit is a wonderful thing, as long as you keep tabs on it. Always know how much goes in and out, when, and why.

As for the $210 in 2001... forget about it. It'* too long ago and too little money to get anything good out of.

I am assumming there is more to not being able to get a new account than just this one transaction in 2001. I had numberous overdraft charges, late fees, and even a canceled credit card and I was still able to secure a very nice refinance loan on my house. There are alot of banks out there that do look for people with lesser credit history because they know they will be paying a fair amount of fees (fees = free money to the banks).


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