Banking entities have been actively marketing to businesses in my state, attempting to get as many of them as possible to abandon traditional pay-stub-and-check payroll in favor of debit cards the employer compels the employee to take their pay through. Currently, as discussed in the answer to this question, federal law and my state's laws allow this practice. Unfortunately for me, my religious leaders are discouraging me from engaging in direct deposit, and are encouraging me to avoid services like automatic bill pay that would allow third parties access to my banking. As stated in the question linked above, the viewpoint taken by the law has been that someone with an objection can just seek employment elsewhere. That is unfortunately not true for me. Because of the overwhelming proportion of businesses in my area that are using these enforced debit card policies I am no longer able to reliably find an employer that will issue a paycheck. I would like advice on how to handle this issue without moving to another state or resorting to filing a religious discrimination case.
It's unlikely that you can legally force an employer to give you a physical pay check. Hence you should explore how you can attain your goal with negotiations or workarounds. Since it's not entirely clear what you specific objection is, we can only speculate. Here are some ideas.
Most businesses prefer direct deposits because it's faster, cheaper, safer and lot less prone to clerical errors.
- You could setup a single use account that only receives the pay deposit and you move out the money immediately after deposit
- You can offer the employer to compensate them for the extra work and cost associated with cutting and handling a physical check
- You could offer to indemnify your employer against clerical mistakes, lost checks, delayed payments, etc.
- You can try to set up an escrow account that is handled by an "acceptable" and neutral 3rd party. This party can receive the money and move it per your instructions, so you don't have to handle it yourself
Many employers will be willing to flex a little, if it's not too much work & effort for them and if you can articulate your need in a way that makes sense to them.
The 1st Amendment has never been held to require a private entity to positively support people's religious convictions. Absent proof of discriminatory intent, i.e. they targeted you with the policy, or a local law requiring reasonable accommodation, a suit would be pointless.
It's regrettable you are put in this position, but there is little legal recourse.