I know what I would do, but what's legal?

A guy I work with left the company about a month ago. He found a better job, gave his two weeks, had the exit interview and all. No hard feelings from anyone. Well, after two weeks he got another pay check. After double-checking, he was 100% sure that the paycheck was a mistake so he voided it and called HR. They agreed that it was an oops and thanked him. Two weeks later, he gets another paycheck! He did the same thing (voided, called HR). Who knows, in two weeks maybe he'll get paid again?
So, I know that I would have done the same thing, as would just about everyone here. But what I'm wondering is, legally, could he have kept the money?
The other questions is, as screwed up as the financial department is here, how many paychecks could he have kept before anyone noticed?

There may be some humor involved if he cashes them and then tries to return to the HR dept with cash. Assuming it is a typical large corp, they will be very unsure and uncomfortable dealing in cash.

Example:
They send him a $2,457.55 check. He converts to lots of $20's, etc and some coins. Now, return to the office with bills and coins and be sure to ask for good documentation and receipt that it was returned. My expectation is that no one will know how to handle/account for the money.

If cashing, try to cash the check at the issuing banks branch. This way, the fund will not be leaned against your buddies personal checking account should they wish to reverse the funds.

Open an off-shore bank account in my dogs name. Call it a day.

No but seriously, I'd return them. I actually did that with a company I worked for. I don't want that E36 M3 biting me in the ass later down the road.

No, it is not legal to keep money you know was sent to you by mistake.

You would be surprised how long it can go on.

Woman paid for 12 years without showing up to work

Apparently she received a couple of raises, too.

AFAIK, she is not facing any charges.

JohnRW1621 wrote: There may be some humor involved if he cashes them and then tries to return to the HR dept with cash. Assuming it is a typical large corp, they will be very unsure and uncomfortable dealing in cash. Example: They send him a $2,457.55 check. He converts to lots of $20's, etc and some coins. Now, return to the office with bills and coins and be sure to ask for good documentation and receipt that it was returned. My expectation is that no one will know how to handle/account for the money. If cashing, try to cash the check at the issuing banks branch. This way, the fund will not be leaned against your buddies personal checking account should they wish to reverse the funds.

If it happened to me, that's the way it'd have to go down since I have direct deposit.

A buddy of mine was working for a temp company last year, got a job as a coffee fetching intern at some accounting or law firm. His pay checks came from the temp company.

Well, he stopped working for them last August, and then this May, got a check for 3 grand (he had been payed in full prior to this)! He called them and asked is this correct? They said yes. He emailed, they said yes. He called again, and it was still correct. He never cashed it until 3 months later when their accounting department called and said "we need you to cash that check so that our books will balance".

$3000 for not doing anything. Wish I was that lucky.

I've had coworkers at the Hospital say they've been overcompensated in the past, some without knowing about it, some who noticed. One of the unlucky ones who didn't notice found she had been given a small raise on accident a year ago. When accounting noticed they asked her to pay back immediately the thousands of dollars she had been paid above what she earned. Of course when we're short-changed on our checks they pay us "when they can get around to it."

Watch your checks, folks.

When I switched insurance companies, my dentist accidentally filed a claim with my old company. They paid it with no questions asked. I called and explained that I had no policy with them anymore, but they disagreed with me. I got a check from my new insurance company for the same service (neither covered more than 50%) and tried again to get the first payment cancelled. No luck, My old carrier got nasty with the lady from the dentists office and hung up on her. Oh well, we tried.

bastomatic wrote: When accounting noticed they asked her to pay back immediately the thousands of dollars she had been paid above what she earned.

Uh, you aren't allowed to do that in Canada

The last place I worked had some shady practices. After working there nearly 5-years and not receiving the regular reviews I'd been promised at the start, I finally received a 'raise' - that included converting my non-taxable $500/mileage payment into taxable salary, then allowing me $.35/mi - but not for my 100mi commute.

After a couple paychecks came through I started doing the math - my take home pay, after deductions - my mileage pay, was MORE than my base salary was supposed to be.

Of course, they 'eliminated my position' shortly after, saying they couldn't afford to pay me!

I'm glad to be out of that screwed up place...

bastomatic wrote: Watch your checks, folks.

Company messes up and stops deducting $200 bi-weekly family health insurance charge from coworker for 3 months. He never says a word as he had coverage the whole time.

They figure it out and deduct extra money over the next 6 months. He's aggravated and was told the above line.

I allowed my old mortgage company the opportunity to charge me and pay my real estate taxes as many folks do. Two years in a row they end up paying my neighbors real estate taxes and not mine. (what about the pin #'s properties use?) and end up having to repay mine along with the penalties and late fees.

In 2003 I refinance with another company and decide that I am going to save my own money and pay my own taxes from my own account. The tax man calls in 2005 stating that my bank overpaid my taxes back in the mixed up days and I have a $1,500+ check coming to me. As I am anal with my $$$$$ I review and see that I never paid that extra $$$$$.

I dying know the legality, but if you're overpaid, they can deduct. Accidentally paying you? Thats in the white collar area. Any lawyers around?

mtn wrote: Well, he stopped working for them last August, and then this May, got a check for 3 grand (he had been payed in full prior to this)! He called them and asked is this correct? They said yes. He emailed, they said yes. He called again, and it was still correct. He never cashed it until 3 months later when their accounting department called and said "we need you to cash that check so that our books will balance".

My father got double paid on an insurance claim. He had already deposited the first check, and it had cleared. A couple weeks later they sent him a duplicate check. He called them and told them about it, then threw it into the backwater of his desk. About 2 months after that, they sent him a letter asking why he hadn't cashed it yet. So he did.

HiTempguy wrote:

bastomatic wrote: When accounting noticed they asked her to pay back immediately the thousands of dollars she had been paid above what she earned.

Uh, you aren't allowed to do that in Canada

Are you sure?

When I transferred a few years ago, they made a mistake and overpaid me by about $2k. When they finally noticed that they were overpaying me, they asked me to pay it back. I was going to, but they were ignorant about it, so I told them to go berkeley themselves, it was their mistake. They pursued me for about 2 months, then told me not to worry about it.

Zomby Woof wrote:

HiTempguy wrote:

bastomatic wrote: When accounting noticed they asked her to pay back immediately the thousands of dollars she had been paid above what she earned.

Uh, you aren't allowed to do that in Canada

Are you sure? When I transferred a few years ago, they made a mistake and overpaid me by about $2k. When they finally noticed that they were overpaying me, they asked me to pay it back. I was going to, but they were ignorant about it, so I told them to go berkeley themselves, it was their mistake. They pursued me for about 2 months, then told me not to worry about it.

They can absolutely ASK YOU to pay it back. AFAIK, they can not force you to pay it back in one lump sum like that. I'm sure they could possibly SUE you, but for an unsubstantial amount (basically, small claims court and under) good luck on their part.

I checked our checking account balance one day, and it was up 260k! From the previous day. After looking into what was legal, I called up our bank, and they took care of it. For us it was a positive surprise, but can you imagine being 260k short in your account?!?

Pretty sure if you knowingly cash a check that it isn't owed to you it is called conversion. If on the other an entity accidently overpays you and you DON'T notice the discrepancy you have some legal recourse if you are sued for the money because you didn't act in bad faith. You basically say, "yes I know I owe you the money, but I spent it and I don't have it and it wasn't my fault you made the mistake."

When I quit my job to stay at home when my first kid was born the paychecks kept coming. I called and asked them to stop it because I had a new baby and didn't have the time to drive an hour to their office to sort out their massive incompetence. They told me that it was ok, they'd decided to continue to pay me under the family medical leave act for 3 months just in case I decided to come back when the baby was older. I flat out told them that I wasn't coming back and I didn't think it was really moral to take the money knowing that. The said they still wanted to pay me. It was nice to get extra money, but it was weird.

chuckles wrote: No, it is not legal to keep money you know was sent to you by mistake.

Pretty sure this is true. I got overpaid at work once. I have direct deposit, so no check to return. I kid you not, I had to write a check to them. Yeah, that felt weird.