If my employer changed their pay schedule, shouldn’t I have been entitled to advance warning?

UPDATED: Oct 1, 2022

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If my employer changed their pay schedule, shouldn’t I have been entitled to advance warning?

My paycheck has hit my account every Thursday from September 2018 until March of 2019. On April 4th 2019 I went to check my account and had not gotten my check. After numerous calls that day to my employer, I was finally told they changed their payroll schulde and basically I would have to deal with it. I still get my check every week but a day later on Fridays, which would be fine but since they changed after almost 8 consecutive months and did not give any warning my account was destroyed due to auto pay bills that where already set to come out on Thursday. This has cost me several hundreds of dollars and they basically brush it off like it’s not their problem. I’m just curious if they can be held accountable since no warning was giving

Asked on April 11, 2019 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they can't be held accountable for this. The reason your account was "destroyed" is 1) you evidently live effectively paycheck to paycheck--you need each check to come in on time and do not have a reserve sufficient to handle any delay; 2) you have a number of bills set up for autopay, so you don't have the discretion to check to see if you have money in your account. Neither of those things are the employer's fault or under their conrtrol, and if you either had a reserve or did not have those auto pay bills set up, you would not have had this problem. Because there are supervening causes--your own finances--the employer is not liable because there is no direct, foreseeably under their control causal link from the one-time delay to your loss. They are only liable when the loss is under their control.

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