I completed the leavers form and signed it. I passed it to my line manager who has subsequently left. They completed a new leavers form 2 months after I left (as the one I did has apparently disappeared) and have the wrong date on as I had agreed I was owed hours by my former manager and holidays etc.
I am sure there is some case law which says I can keep the overpayment if I didn't do anything worng (Well they have admitted they have processed the form late), if I could reasonably think I was due the money (Well, I was due back money as well as a back dated pay rise after I left) and if I have spent it (Have a guess!)
Any advicewoould be welcomed!
Regards 2 all.
2006-10-20 22:23:01 · 20 answers · asked by Spy 1 in Politics & Government ➔ Law & Ethics
Hello Spy,
Well, in law if the payments are made and you know that you are not entitled to the money, any failure by you to inform your employer of the error and to return the overpayment is theft.
This is because either you knew or should have known that the money was not lawfully yours.
If you keep the money and the company find out they could report you to the police for theft and take legal action to recover the payments. THEY WILL FIND OUT sooner or later when an audit is done.
I would suggest you inform the company of what has happened and how much you think the overpayment is. It is up to them what action they take and you cannot then be prosecuted for theft.
They will obviously stop paying you but might let you keep the money as a thank you for your honesty.
They do, however, have every right to ask for the money to be returned to them. It will probably depend on how much it is.
They may also tell you that it is not an error and you are entitled to the money, if this is the case you are covered and it might be difficult for them to recover the money at a later date.
I hope this clarifies the situation.
2006-10-21 01:36:27 · answer #1 · answered by LYN W 5 · 0⤊ 0⤋
It depends on the amount they gave you. If it were a substantial amount, they may seek legal action on the basis that thye were not in any regards obligated to pay you. If you have submitted a claim that clearly states the amount you believe you were owed they will use to show that you took the extra money knowing that it was not yours. If they have already contacted you about the matter consider paying it back, if there is no way that you can pay it back, then consult a lawyer in case they do pursue legal means. As far as taking it to a court of law, its probably 50/50. The judge might find that you honestly believed that you were owed the money, if not, then you will be ordered to pay back the money.
2006-10-20 22:51:03 · answer #2 · answered by DLUVDAIMPERIAL 3 · 0⤊ 0⤋
I wouldn't risk spending it all. If you really believe that you were due some back-pay at the time you left, I suupose it's reasonable to keep that.
But the rest in to an account where it will gain interest, but don't touch it otherwise.
Make sure you have kept copies of all correspondence you sent , trying to get this matter sorted out.
Send one more letter, referring to previous correspondence, and saying that if you have not heard from your previous employers by a specific date, you will assume that it is their intention that you keep the money. Otherwise you are more than willing to return it - less the amount you have been obliged to pay out in pointing out the error, as well as that amount you believe you were due in back-pay.
2006-10-20 22:35:34 · answer #3 · answered by nontarzaniccaulkhead 6 · 0⤊ 0⤋
Technically it's theft. It's like you go into a shop and buy a newspaper and the shop assistant gives you too much change. As soon as you notice and don't give it back, technically you've committed theft. Therefore you should bring it to their attention or as said before you could face a civil law suit. Or worse you could be arrested for the theft of the money. If you feel you are owed money by them, go see them talk to them return their money owed then talk about the money they owe you. that way if they refuse to give it to you etc then you then find yourself on the flip side of the coin where you can take them to court, providing you have the evidence that they owe you the money that is!
2006-10-20 22:36:14 · answer #4 · answered by Stocks 2 · 1⤊ 0⤋
I recomend you send the money back before they go through the debt recovery process that could involve court based activity. You also are able to keep your honesty by doing this. If you are owed payments by the employer seek legal advice to recover this from them in a proper way.
2006-10-20 22:38:44 · answer #5 · answered by butterfly*effect 4 · 0⤊ 1⤋
If you knowingly cash checks issued to you due to mistakes in paperwork your former employer could sue you and you may also be committing a criminal offense as well so you might want to consider returning the checks.
2006-10-20 23:00:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I would keep quiet and see if they notice! If they contact you over this advise you didnt realise and have since spent the money , tell them you can afford to pay it back at tuppence a week.
2006-10-20 22:35:13 · answer #7 · answered by lollipop 2 · 0⤊ 0⤋
Your gona have to pay it back in end,Thats like me saying,oh i cashed my Friends check,Because the put it in my mail box not hers!come on now,you know your not being a very honest person!Hollywood
2006-10-20 23:51:44 · answer #8 · answered by hollywood 5 · 0⤊ 0⤋
keep the over payment to yourself and put it in an account for a rainy day that way if they do want it back hopefully before our next rainy day ie tomorrow they they can have it back if not then spend it was there mistake and it unlikely they will find out unless yout ell em.
2006-10-20 22:45:47 · answer #9 · answered by ? 2 · 0⤊ 1⤋
Return the money if it does not belong to you. If you plant bad seeds, you will have a rotten crop.
2006-10-20 22:35:14 · answer #10 · answered by Anonymous · 0⤊ 0⤋