Post #269,997
10/10/06 2:12:36 PM
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Reason 1,194 Why Indiana should be nuked.
Years ago I got screwed when a transaction from a direct deposit didn't show up in my bank account. I was told by my attorney that I could "spend $5,000 to get your $1,100 back." Obviously, I did not pursue the matter but vowed to never work for a place that required direct deposit again. This morning I get an email that says that beginning January 1, 2007 I can no longer receive a paycheck - that I must turn over my bank account number and routing number to my employer so that I can get my paycheck electronically deposited. So, I go online to look up Indiana's law on the subject. Here's what I find: Emphasis mine.
Can an employer require an electronic direct deposit?
Indiana Code \ufffd 22-2-5-1(a) states, \ufffdEvery person, firm, corporation, limited liability company, or association, their trustees, lessees, or receivers appointed by any court, doing business in Indiana, shall pay each employee at least semimonthly or biweekly, if requested, the amount due the employee. The payment shall be made in lawful money of the United States, by negotiable check, draft, or money order, or by electronic transfer to the financial institution designated by the employee. Any contract in violation of this subsection is void.\ufffd
Keeping with the requirements of the above statute, an employer may not justify paying wages at a lesser frequency than the semimonthly or biweekly requirements because an employee refuses to participate in the company\ufffds electronic transfer method of wage payments. Should an employee refuse electronic transfer for payment of wages, then the employer must utilize another method of wage payment such as cash, check, draft, or money order.
[link|http://www.in.gov/labor/wagehour/estandfaq.html|http://www.in.gov/la...ur/estandfaq.html] So, all good, right? I simply refuse and everything's ducky, right? WRONG! This is Indiana. On the very same page is this:
Can an employer fire an employee for not participating in direct deposit?
Should an employee be terminated because she/he refused to participate in an electronic transfer program, the Indiana Department of Labor has no authority to take action. Whether the employee would have recourse through private action in the state courts is a question. Generally, employment relationships in Indiana which are not governed by a written contract are \ufffdat-will,\ufffd which means any party can end the relationship for any reason. However, the courts have created certain exceptions to that doctrine based on \ufffdpublic policy.\ufffd An employee who wishes to explore whether or not that doctrine would provide him or her with protection from such action should consult with his or her personal attorney.
The fucking state doesn't see anything wrong with an employee being fired for demanding that the employee's employer abide by state law. This is classic fucking Indiana wisdom. There's no saving this fuckhole of a place and there shouldn't be. bcnu,
Mikem
It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
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Post #269,998
10/10/06 2:27:23 PM
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You're not going to win this.
DD is used for almost everything now. It generally works very well. There should be few issues with DD of your pay, and if there are issues they should be easily resolved.
Save your venom for something you can do something about. Like the evils of network televison. :-)
(Hang in there.)
Cheers,
Scott.
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Post #270,004
10/10/06 4:04:34 PM
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Yeah, friggin' right to privacy is of no use anymore anyway.
bcnu,
Mikem
It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
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Post #270,008
10/10/06 4:31:29 PM
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It doesn't work here
Twice I've tried to have DD set up. Twice it has failed. I get checks.
I notice that the state requres semi-monthly payment. That's nice. I get paid monthly. I don't like it.
[link|http://www.blackbagops.net|Black Bag Operations Log]
[link|http://www.objectiveclips.com|Artificial Intelligence]
[link|http://www.badpage.info/seaside/html|Scrutinizer]
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Post #270,009
10/10/06 4:43:46 PM
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What is that you say? You have no bank account?
-- [link|mailto:greg@gregfolkert.net|greg], [link|http://www.iwethey.org/ed_curry|REMEMBER ED CURRY!] @ iwetheyFreedom is not FREE. Yeah, but 10s of Trillions of US Dollars? SELECT * FROM scog WHERE ethics > 0;
0 rows returned.
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Post #270,011
10/10/06 5:00:33 PM
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Yeah, that could be a problem.
But considering that [link|http://www.ssa.gov/deposit/DDFAQ898.htm|75% of Social Security checks are sent by Direct Deposit], most of the kinks should have been worked out of the system by now.
Those who don't have bank accounts have trouble, but how do they survive without credit or debit cards? E.g., AFAIK, it's impossible to rent a car without a credit card these days.
I'm surprised that two of the posters here have had recent problems with DD. Although I was nervous about it initially, it has worked fine for me. (Sample of n, I know...)
Cheers,
Scott.
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Post #270,013
10/10/06 5:22:05 PM
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I've been using DD for 9+ years, 2 employers, no problems
Regards,
-scott anderson
"Welcome to Rivendell, Mr. Anderson..."
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Post #270,014
10/10/06 5:41:17 PM
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I used it for 7 years without a hitch.
-- [link|mailto:greg@gregfolkert.net|greg], [link|http://www.iwethey.org/ed_curry|REMEMBER ED CURRY!] @ iwetheyFreedom is not FREE. Yeah, but 10s of Trillions of US Dollars? SELECT * FROM scog WHERE ethics > 0;
0 rows returned.
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Post #270,060
10/11/06 3:05:55 AM
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I've used it for, um, like, 17 years.
Admittedly, the first 11 of those I was actually working for a bank...
Wade.
"Insert crowbar. Apply force."
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Post #270,018
10/10/06 6:23:50 PM
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I can't remember the last time I got a paper paycheck.
No problems.
There is no privacy in this country anymore unless you are a politician. And time to time even they get their bubble burst even though they get to make the rules. These are two different problems...
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Post #270,022
10/10/06 7:14:38 PM
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2 checks since 1989.
The first check at each new employer.
Too much of today's music is fashionable crap dressed as artistry.Adrian Belew
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Post #270,028
10/10/06 7:27:55 PM
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Yeah, I said REMEMBERED...
You're right. The first paychecks in my current gig were paper. Part of the hiring paperwork was giving them a voided check to set up the electronic deposit. It might have taken a month or so to kick in. I forget how, or when I got hooked up, but the previous one was digital also.
My brain may be turning into tapioca, but fortunately, there's no way for me to get a spoon in there...
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Post #270,032
10/10/06 7:59:03 PM
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ICLRPD. (new thread)
Created as new thread #270031 titled [link|/forums/render/content/show?contentid=270031|ICLRPD.]
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Post #270,030
10/10/06 7:55:59 PM
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everypaycheck from my old employer
after whachovia fucked me over overdraft fees. Changed my bank to AMSCOT, a lovely bank. I miss them.
thanx,
bill
Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 50 years. meep
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Post #270,035
10/10/06 8:14:01 PM
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Define "survive"
Those who don't have bank accounts have trouble, but how do they survive without credit or debit cards? E.g., AFAIK, it's impossible to rent a car without a credit card these days. How many people "need" to rent a car? I think I've done so maybe twice in the last five years, and both of those were at the end of flights out of state. Neigher one of which I would have taken if I were living so close to the margins that I didn't have a bank account. ===
Kip Hawley is still an idiot.
===
Purveyor of Doc Hope's [link|http://DocHope.com|fresh-baked dog biscuits and pet treats].
[link|http://DocHope.com|http://DocHope.com]
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Post #270,038
10/10/06 8:43:46 PM
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rent from rent a wreck or enterprise
Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 50 years. meep
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Post #270,039
10/10/06 8:47:42 PM
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Ok.
Ya got me. I exaggerated. Good catch. :-)
There was one time when my Buick needed to have its transmission replaced. Having no other car, and working at a place that would take 2 hours to get to via public transportation (vs. 20 minutes by car), I needed to rent a car for a few days. (No, the dealer didn't offer me a car.) CC was required.
There was also a time when I went on a job interview to another city. The company arranged the flight and arranged to have a car reserved for me, but I had to pay for it with my own credit card. (They reimbursed me a few weeks later.) People who go on job interviews in a new area will likely be in similar situations.
Yes, there are millions of people who get by without credit cards and probably a few million who don't have bank accounts. They must have options to get paid. But for most of us, and for an increasing percentage of the population, electronic funds transfers are nearly essential.
Cheers,
Scott.
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Post #270,041
10/10/06 8:58:42 PM
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For a life I'd like to have, yes
Having no other car, and working at a place that would take 2 hours to get to via public transportation (vs. 20 minutes by car), I needed to rent a car for a few days. I've seen articles profiling people who do just that -- two hours each way on public transportation -- to get to minimum-wage jobs. Does anyone really wonder why they can't dig out of that hole? ===
Kip Hawley is still an idiot.
===
Purveyor of Doc Hope's [link|http://DocHope.com|fresh-baked dog biscuits and pet treats].
[link|http://DocHope.com|http://DocHope.com]
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Post #269,999
10/10/06 2:40:17 PM
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Your lawyer was an idiot.
Too much of today's music is fashionable crap dressed as artistry.Adrian Belew
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Post #270,006
10/10/06 4:05:55 PM
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Perhaps, but ...
You cannot recover legal fees in Indiana in civil litigation. There's another blessing from this hell hole.
bcnu,
Mikem
It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
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Post #270,017
10/10/06 6:18:40 PM
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No need to litigate
You have an account number, they have your account number. You show that bank did not credit your account to whoever initiated the direct deposit, proving you did not receive. They reconcile with bank to correct the error.
This is standard practice. No lawyers involved. A bit of a pain for you to chase accountants...but it sounds like it was worth a couple hours of your time.
Too much of today's music is fashionable crap dressed as artistry.Adrian Belew
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Post #270,069
10/11/06 11:57:15 AM
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I tried that before contacting the lawyer.
Employer said it was the bank's problem, the bank said it was the employer's problem. It ended up being my problem. :0(
bcnu,
Mikem
It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
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Post #270,410
10/15/06 9:59:37 PM
10/15/06 9:59:56 PM
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Maybe, but don't tell that to the pope, because
Indianner just got its first, newly minted [link|http://www.cbsnews.com/stories/2006/10/13/ap/national/mainD8KNK6180.shtml|saint!]
(And no, it wasn't Dan Quayle...)
jb4
"When the final history is written in Iraq, [link|http://images.ucomics.com/comics/tmate/2006/tmate060926.gif|it'll look just like a comma.]"
— George W. Bush, 24 Sep 06
Edited by jb4
Oct. 15, 2006, 09:59:56 PM EDT
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