Legal Question in Employment Law in California

Our payday is today. For us who have direct deposit it goes in on midnight that morning. Because of holiday we still haven't gotten paid. Now my bank account is overdrafted. Is my employer or adp responsible for my overdraft fees or am I screwed? My email is [email protected] or phone 1-925-234-0369. Thank you Ryan Summers

Asked on 10/15/13, 3:46 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry
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It is extremely difficult to make out a claim that your employer is liable for your overdraft fees simply because you were not paid on time. Essentially, you would have had to put your employer on notice some time ago that the failure to deposit money as promised would cause you to incur the fees -- the fact that every employer knows this is a possibility for most people is not sufficient.

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Answered on 10/17/13, 6:05 am

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