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Will I have to pay it back? Should I contact them? can they take legal proceeding's out against me?
Its not back pay, or untaken holiday pay, and it is rather a large sum of money.

2007-02-22 01:55:05 · 29 answers · asked by kerry r 1 in Politics & Government Law & Ethics

29 answers

don't cash it.

cash it only if you wish to get in trouble

2007-02-22 02:00:48 · answer #1 · answered by alco19357 5 · 2 0

Yes, you'll have to pay it back. I'd notify the employer that they may have made an error, although it could be for some other type of unused leave time. I have successfully sued former employees who have been paid by mistake on 2 occasions. They can take you to Court. If you did not deserve the money, you will lose. Do the right and moral thing and tell them. If they want you to pay it back, they will notify you. Tell them you think there is a mistake in WRITING so you can prove you notified them. Don't spend the money until they've had an opportunity to respond to your letter. They need to tell you if they want it re-paid if you give them written notification. Ask them specifically what they want you to do.

2007-02-22 10:05:42 · answer #2 · answered by David M 7 · 1 0

Ok first thing, there no specified amount of time a company has to claim back an over payment. They could come back in a year and ask for it back.

Secondly they can't just take the money back from your account. You have to give them permission to. They can legally take you to court if you refuse to pay back the money but it won't resolve in charges been brought against you. It will only (most likely) resolve in you been ordered to pay back the money. Then if you fail to do so your be in breach of the law.

If it was me I would spend it - if the company come knocking I would say i spent it without realising and agree a date in the future i would pay it back. That way your controlling the situation & working (technically) within the law. Its worth the risk if you have the money to pay it back coming your way sometime soon.

2007-02-22 10:09:40 · answer #3 · answered by D.W 6 · 0 1

I would first contact them and ask them if it was a mistake on their part. If you cash the check and your not legally entitled to it they can and will take legal action against you. If it's a large sum of money and you don't return it your facing Felony charges. Honesty is always the best policy.

2007-02-22 10:07:44 · answer #4 · answered by Anonymous · 1 0

Return it, because at some point, they may claim it back. Besides, its unethical to take money that you know is not yours.

Also, what if you ever decide to go back to that company? At some point, they will realize their mistake and see you for a dishonest employee who took advantage of their mistake. If you return the money and keep in touch, you leave a "door open" in case you want to go back there.

2007-02-22 10:01:11 · answer #5 · answered by anonymouse 2 · 1 0

Contact them immediately and alert them to the error. Do not keep it in the account and wait for the company to figure it out as it will become your financial hassle to keep track of it. When they do figure it out, you will be responsible for paying it back. Easier to get this issue resolved sooner than later.

2007-02-22 10:05:09 · answer #6 · answered by 1teacher 3 · 1 0

I know it's tempting, but if you don't return it, they will, without a shadow of doubt, realise their mistake, & demand it back. This may be easy, but could turn nasty & you may be portrayed as being dishonest. Personally, I would either tell them about the mistake, or leave it in your bank making interest, before they have you return it. Good luck !

2007-02-22 10:20:00 · answer #7 · answered by lucamilo 2 · 1 0

Cute! You should contact the Company to see what the payment is for. If you cash it, you take the posibility of having to pay it back and or/criminal charges....If the monies sent you are wrong.

2007-02-22 10:02:17 · answer #8 · answered by redjade_916 2 · 1 0

Put the money in to an interest bearing account and leave it there until the company requests that you pay it back.
You can keep any interest earned. They can't demand that you pay interest for their mistake.

2007-02-22 10:04:41 · answer #9 · answered by George 3 · 1 0

Don't cash it. Take it back to them and bring it to their attention. It's the right thing to do, morally.
You want good karma, right?

Plus, if you do keep the money and any subsequent checks you may receive, you WILL be liable to pay the money back when they find their mistake.

2007-02-22 09:57:22 · answer #10 · answered by white.sale 3 · 2 0

Depending on the amount, I would put it in a bank account where I could gain interest on it. Don't spend it! Keep it all the way up to when they try to take you to court for it!

If it is a hefty amount, you stand to gain a reasonable amount in interest!

2007-02-22 10:02:59 · answer #11 · answered by and,or,nand,nor 6 · 1 1

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