Veronica1228
Senior Member
nipolloc said:still researching...what about filing an affidavit of unauthorized entry with the bank? thanks again to everyone for replying, it all helps...trust me! i'm trying to focus on only the lost wages, but the $500+ i had to borrow from my parents, which they had to western union me, twice ,might i add, just keeps staring me in the face. i'm a broke college kid who doesn't have ANY extra money saved up, anywhere, and now i'm in debt up to my ears, all for something that, in my eyes, has nothing to do with me, and is not at all my fault. i just wish there was some way i could prove that i deserve to be reimbursed for all those thousands of overdraft fees, that they caused me. if my previous employer is mad at me for quitting, then i could see if they never deposited my check at all, but actually having physical evidence that the money was deposited into my account on fri. and then completely missing when i went to the bank the next week, just doesn't make any sense to me as to how that is legal. also, i never mentioned that the employer had direct deposit and payroll through a company called primepay, does that mean that they were the ones who took the money back out of my account, and does this make any difference in regards to any laws etc.?
It wasn't Unlawful Entry so you wouldn't be able to file an affi. The theory behind the law is that they put the funds in, so they can take them right back out. The fact that they use an outside vendor for their payroll is also insignificant. Many companies contract their payroll to third parties. Primpay may have put through the request for the reversal per your employer, or your employer may have done it themselves. It really doesn't matter which one did it because legally, it was okay for them to do this.
While that may be the case, I agree that if these were wages due to you than it was lousy of them to take them back. I suggest you follow Beth3's advice and file a complaint with the DOL. She really is the expert on that part of your issue.
Have you explained to your bank what is going on to see if they will reverse some of the fees? Maybe if you can prove that you are filing a complaint with the DOL that might carry some weight.