Not receiving direct deposit from bank

[meljeff76]

What is the name of your state? Minnesota.

Hello, I work remotely as an independent contractor medical transcriptionist for a company that offers direct deposit through the First Southern Bank of Illinois. We invoice payroll and are supposed to get paid on the 5th and 20th of the month. This is my first month with them and I never received my deposits and had to get reimbursed from my supervisor directly, once through Western Union and once over Venmo. I have verified the direct deposit information with HR, and they have my correct information. It seems that out of 112 employees, there are 3 of us who have not been paid correctly from the bank. I am going to be calling them tomorrow, 7/23/18, but I'm curious what kinds of legal options I might have towards the bank if they are not paying my deposit, where is the money going, etc., and how I can hold them accountable for getting this money to me correctly and on time. Thank you very much for your help.

 

[justalayman]

What makes you think this is you banks issue? All your bank is doing is receiving what their bank sends them. If they send it to the wrong account or don’t send it at all, your bank simply doesn’t recieve it.

Your employer needs to check with their bank first to be sure it was sent and to verify the routing and account number they are sending it to.

 

[meljeff76]

I probably didn't word this right. First Southern is the bank my employer uses to pay its contractors via direct deposit. The employers are on the up and up; they've personally paid me and covered overdraft charges I have accrued the 2 times I didn't get paid. My bank itself has never received any deposits from First Southern, so we know the problem is with First Southern. I verified with my employers that they gave the correct information (verified twice) to First Southern. Hope that clarifies things. So, my issue is with First Southern not paying out my direct deposit, and where in the world are my wages going? That's why I'm going to be calling First Southern directly.

 

[cbg]

You are aware, are you not, that it is not even close to unusual for the first payment after a direct deposit is set up to end up being a paper check? That it takes a certain amount of time to set up a direct deposit at both ends and if you miss the cut off date, which will be several days in advance of the payment date, that you have to wait for the next cycle for the payments to be directly deposited?

 

[meljeff76]

They didn't issue anyone paper checks, and most people got their direct deposits. I haven't received anything, not for the July 5 (my supervisor had to personally pay me) or July 20 pay dates. Both of my invoices were submitted correctly and on time, confirmed by supervisor. We'll see what the bank says, I guess.

 

[justalayman]

There are no legal actions you can take because it is not your bank. This is an issue between your employer and their bank. Any action you would have would be against your employer but as stands, as long as they pay you within the legally required time, you have no complaint.

 

[Zigner]

There are no legal actions you can take because it is not your bank. This is an issue between your employer and their bank. Any action you would have would be against your employer but as stands, as long as they pay you within the legally required time, you have no complaint.

To be accurate, there is no "legally required time" because the OP is an independent contractor. This is a contractual matter. Of course, it doesn't change the meat of your post, specifically, that the OP's action is against the company the he contracted with and not with the bank.

 

[justalayman]

To be accurate, there is no "legally required time" because the OP is an independent contractor. This is a contractual matter. Of course, it doesn't change the meat of your post, specifically, that the OP's action is against the company the he contracted with and not with the bank.

For some reason I ignored the IC status.


As such, you would be correct. I would be surprised if the clients bank would even talk directly to the op. They would have no right to act based on anything op has said to them, whether he be an employee or IC.