Will I have to pay it back? Where do I stand legally?
2007-02-21 21:02:54 · 19 answers · asked by kerry r 1 in Politics & Government ➔ Law & Ethics
the attorney general reference of (1 of 1983) concerns a police woman who was overpaid wages, although she was acquitted of theft, the appeal case did deem this for the future as theft, so i would pay it back or at least put in a separate account until this matter was resolved, you may charge something for the headache to sort it out though.
2007-02-22 01:19:12 · answer #1 · answered by logicalawyer 3 · 0⤊ 0⤋
If they are aware of paying you when you did not earn it then yes you owe it back. That is not your money. Mistakes are made and that is no excuse to take what is not yours.
If the money is deposited in your account either by you or the company then you should not use that money until you know for sure what to do with it.
Personaly I would contact them and ask them why the money is paid to you.
Then again someone in the company might be paying past employees and putting the money in their pockets and this one got to you That kind of thing has and is being done.
If you feel this might be what it is then you can keep quiet for a year or so and not spend the money though.
2007-02-21 21:14:52 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Put it in a savings account. Don't spend it. Check your records to see if they do owe you, e.g. holiday time you didn't use up when you were there. Once you know that for sure, then I'd say wait a month and see if they do it again. If they do, then they are making a mistake, so contact them, and tell them you've left.
They shouldn't be able to take it back out of your account. You'd have to pay them back. And I agree with the idea of paying them by installments - but do it in just 3 or so. Just make sure you've written everything down, not just got it in a phone call that could be "mis-remembered" by someone else.
2007-02-21 21:11:55 · answer #3 · answered by nikki 3 · 1⤊ 0⤋
Chances are is that they owe you it. Weather it is work-in-advance that you were not paid for when you began or it may be holiday pay that they owe you.
However, if they do not owe you it but have paid you, it does not belong to you. BUT the only way he/she can FORCE you to pay it back would be by a COUNTY COURT ORDER which he must give you notice of and prior to that he must also give you the chance to pay it back.
So for now, just go out and spend it having a GOOD TIME treating yourself.
Hope this helps :-)
2007-02-22 01:26:47 · answer #4 · answered by redcar_rebel 2 · 0⤊ 0⤋
Yep. They will catch it, and you kinow that you are not working for them, as do they know that. Call them to take you off the payroll, and pay them back. At least call them. When I quit a job, I had 2 weeks pay coming to me.
2007-02-21 21:06:36 · answer #5 · answered by St♥rmy Skye 6 · 1⤊ 0⤋
if they catch their mistake, you more than likely will have to pay it back. but in all honesty and fairness, i would call and speak to someone in payroll and see what's going on, it could be they may have done an audit and found that they actually owed you the money, perhaps unused vacation time, or accrued sick time.
if it was done in error, then do the right thing and make arrangements to return the money.
2007-02-21 21:08:06 · answer #6 · answered by daddysboicub 5 · 1⤊ 1⤋
Send a letter to Human Resources, querying if the check you received on xx/xx/xxxx, for the amount of $xxxx.xx was supposed to be a severence check, or if the issuing of the check was a mistake.
At the very least, you put the company on notice that you are unsure of the issuance of the check; however, you do have a reason to believe you may be entitled to it.
Good luck.
2007-02-21 21:26:56 · answer #7 · answered by MenifeeManiac 7 · 0⤊ 1⤋
You need to check that it wasn't a legitimate payment, such as annual leave entitlement that the employer is statutorily bound to pay. If, however, there is no entitlement on your part, then you are obliged to repay it. Failure to do so could give rise to civil or criminal action against you.
Best wishes, J
2007-02-21 21:09:39 · answer #8 · answered by sirjulian 3 · 1⤊ 0⤋
this depends on when you last worked with them and if they owe you some money or not. Honestly phone them and tell them cause eventually they will notice and you may need to pay it back, then it looks bad on you.
2007-02-21 21:06:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Just depends on how long you've been gone for, that's their fault not yours, you should be able to keep it. Having said that, the law is a b,i,t,c,h and you would probably end up paying it back. If it is'nt a lot, they might not bother, or even know about it. Ar.... what the hell, spend it anyway.
2007-02-21 21:08:18 · answer #10 · answered by Jeanette 7 · 1⤊ 2⤋