Can I sue my employer for sending my wages to an account I told them to remove?

UPDATED: Oct 1, 2022

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Can I sue my employer for sending my wages to an account I told them to remove?

I was using direct deposit to receive my
paycheck as per request of the employer. I
asked my manager to let accounting know
that I need my direct deposit canceled in
February and to send me paper checks for
the time being until I send new direct deposit
information. It is now the end of March and
I’m still having my money sent into an
account that I’m no longer using. Am I in the
wrong or is what they doing illegal?

Asked on March 25, 2019 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Assuming you can prove that you gave them the instructions, you can sue them for the paychecks they should have sent to you. They have an obligation under the law to pay you for your work: when they ignore your instructions and send the money to the wrongplace, they 1) have not fulfilled their obligation of paying you, and 2) have cost you money by their negligence or carelessness. Therefore, as stated, you can sue them for the money if they will not provide it to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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