Employer reversed pay after resignation

UPDATED: Sep 30, 2022

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Employer reversed pay after resignation

I accepted an offer from company A , and was on their payroll for 10 days
I am on h1B visa , But later I felt that they are taking too much time to on-
board me on a project so I decided to resign and accept another employment . I
was employed in California , and I did not give them any notice , I resigned on a
days notice . Later the company paid me for the 10 days , and now I find that
after 15 days they have reversed my direct deposit from the bank account . I
contacted the bank and asked about the time limit They are telling me that an
employer can directly withdraw any time . Can I take any legal action in this
case ? I was not provided any notice or clarification ever by previous employer
on this.

Asked on July 12, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They are wrong. If you worked for 10 days, you MUST be paid for 10 days--period. The cannot refuse to to pay you for work which you have done. If they will not return the money, you may sue them for it, for breach of contract (violating the agreement, even if an oral or unwritten one, pursuant to which you worked in exchange for pay). 

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 AttorneyPages.com 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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