So my wife got paid today....

[Bunker]

The problem is she got fired two weeks ago and given a paper check which we assumed was whatever money she had coming.

But, this morning I check my account and see she got another paycheck direct-deposited into our checking account.

I am 95% sure this was a mistake, but what now?

I have no desire of calling these a-holes and telling them they screwed up, nor am I willing to cut them a check to fix it.

I assume they are not allowed to take the money out of my account without permission but I really don't know. :sh

For now I am considering it severence.

[Christiel49]

Rick, if it was direct deposit they can reverse the transaction if it was in error (usually)

[Coach Deg]

Rick, if it was direct deposit they can reverse the transaction if it was in error (usually)

This is true.

[Bunker]

I thought that might be the case so I am not going to touch it for now.

However, I would think there is a limited number of days for them to do that?

[cmitch]

I thought that might be the case so I am not going to touch it for now.

However, I would think there is a limited number of days for them to do that?
Statute of Limitations in most states is 2 years course of action but some states have banking laws in place that restrict such activity to 6 months. It's best, IMO, for you to alleviate any and all liability by calling them, even if you do not want to. The last thing you need is them breathing down your neck.

[Christiel49]

I agree

[Starscream]

I have no desire of calling these a-holes and telling them they screwed up, nor am I willing to cut them a check to fix it.


You may not like them, but y'all need to notify them and find out what's going on. It may be some sort of severance pay, but if not, do the right thing and return it.:2

[RevSmoke]

You may not want to, but what is the right thing to do? In fact, if they notice the error and take the $$ back, what will that say about your not notifying them. Who does that hurt if they decide to be even more spiteful and speak about that.

Or, look at it this way - someone teats you unjustly, does that entitle you get to even by doing some evil back to them? Doesn't that make you just like them?

Personally, I'd call them and ask about the deposit and see what exactly it is all about.

Peace of the Lord be with you.

[Bunker]

It is still liseted as "Pending" on my account so I guess I will just wait and see if it gets fully processed before I worry about it.

Maybe the payroll a-hole will catch her mistake in time to just pull it back.

[kaisersozei]

Check the stub on the paper check, it should detail what she was paid for. One possibility is that a check was cut for accumulated leave and/or severance, and the direct deposit may have been her normal payroll for that period.

someone teats you unjustly

Don't you hate when that happens? :r

[68TriShield]

Some companies hold the first weeks pay as well.That could be what it is.

[Silound]

Unmentioned here, but by federal law, if you are separated from your company, they are required to re-pay you any money you have either a) invested in insurance or any sort of plan that expires on terminations (pro-rated of course) or b) pay you for any accumulated paid vacation you have accrued but not used (because technically they owe you for X days of paid leave).

Check your stub and the direct deposit, are they the same amount? It may be payment for a variety of other things, and not the typical 2 weeks pay.


I would personally call the company and let them know what's going on, but I wouldn't volunteer to help them in any way. If they made a mistake, they can have it fixed without your assistance, it just costs them assorted fees to fix it.

[Bunker]

Unmentioned here, but by federal law, if you are separated from your company, they are required to re-pay you any money you have either a) invested in insurance or any sort of plan that expires on terminations (pro-rated of course) or b) pay you for any accumulated paid vacation you have accrued but not used (because technically they owe you for X days of paid leave).

Check your stub and the direct deposit, are they the same amount? It may be payment for a variety of other things, and not the typical 2 weeks pay.


I would personally call the company and let them know what's going on, but I wouldn't volunteer to help them in any way. If they made a mistake, they can have it fixed without your assistance, it just costs them assorted fees to fix it.

The amount is/was her usual every other week check. When they cut her loose the handed her a check saying this is what they owed her for whatever time she had worked past her last check.

This was the day after they sent her on a 100 mile trip to a conference with a group of other employees who knew she was getting the axe but played dumb for the afternoon while they changed her passwords and emptied her desk.

Four days after her boss lied to her face and said everything was fine and not too worry

When she went in the next day they finally told her and handed her the partial check.

In my mind, a totally unprofessional way of handling things.

They didn't let her say goodbye to anyone (she had several dozen seniors in residence that she has seen daily for a year. Several called her when they finally were told she was let go.)

So you can imagine, I am not in a hurry to call them about anything other than to tell them to go to hell.

[hscmit]

devil on the other shoulder

if the amount goes through close the account
open a new account
the new account will have a new number and it will make it a much larger pain in their ass to recover the money, if they ever catch their mistake.

[cobra03]

devil on the other shoulder

if the amount goes through close the account
open a new account
the new account will have a new number and it will make it a much larger pain in their ass to recover the money, if they ever catch their mistake.

James that sounded to easy. lol you sound like you have some experience here.......:hm


As for the money i would call them and ask . As much as you might not want to, 2 wrongs dont make a right. In the end if it is a mistake and you keep the money you have only created a larger, possibly legal problem for yourself. and who knows you might find out its for something you didnt know about and you get to keep it guilt free. :2

[cmitch]

devil on the other shoulder

if the amount goes through close the account
open a new account
the new account will have a new number and it will make it a much larger pain in their ass to recover the money, if they ever catch their mistake.
Many banks require you to maintain the account for 30 to 60 days past the last activity in order to 'clear' any uncashed checks or drafts. So, that no longer works.

[hscmit]

no, no criminal mischief here, but have had to close an account b/c of someone else being uncouth

[hotreds]

I have to agree that you need to call and find out what's up- as much as you don't want to. You can make all the snide remarks to them you want if they tell you it was an error, but at least you are doing the right thing and can close out this part of your wife's dealings with these people!

[mscales]

I wuld do nothing. In a case of firing the final pay must be paid at end of the business day. But, usually, at a later date they pay any unpaid vacation time or sick leave if the company pays that out. The employer may also pay out any other retirement or benifits that they owe.

[BloodSpite]

I recall a scenario a few years ago where I gentlemen cased a Publishers Clearinghouse check, then put the money in to a safety deposit box. Thereby satisfying the laws requirement to not spend the money but also refuting the banks ability to reclaim said funds.

I don't know how it ended quite honestly but if you are feeling particularly uncharitable might be a consideration :)

[Bunker]

I talked to my bank and they said they couldn't really do anything. If it was a mistake they should catch it today when the paper check is printed and they realize they have no one to give it to. I am going to do nothing for now and see what happens.

[shilala]

Here's the thing...
If they paid it to you by mistake, you're gonna have to pay it back.
While you don't know if it was a mistake, you're not going to spend it, even if you need it.
Maybe call and see what it was for? That way at least you'll know, and you guys can either use the money, or if they are due it back, and you choose to jerk them around, the jerking can commence full speed.
The "not knowing" thing just sucks. A phone call isn't helping them a bit. It may help you guys, though. :tu

[CigarNut]

Here's the thing...
If they paid it to you by mistake, you're gonna have to pay it back.
While you don't know if it was a mistake, you're not going to spend it, even if you need it.
Maybe call and see what it was for? That way at least you'll know, and you guys can either use the money, or if they are due it back, and you choose to jerk them around, the jerking can commence full speed.
The "not knowing" thing just sucks. A phone call isn't helping them a bit. It may help you guys, though. :tu
http://www.amusementinsider.com/forums/images/smilies/ditto2.gif

Scott is wise!

[TonySmith]

You never go wrong by taking the high road. :2

[Bunker]

Well, they actually mailed us the stub so it must be back pay.

I would think legally they have no leg to stand on if they tried to get it back now - mailing it is essentially handing her the check.:noon

[Sauer Grapes]

Did the stub say what it was for? If it was a mistake, they probably still have a leg to stand on, especially if they can show you guys suspected it might have been a mistake and did nothing. Of course, they'd only know this if you told them, or if you posted it in a publicly viewable area of a cigar forum.

[Bunker]

They'd have to get the dog rat me out.

[OHRD]

At some of my previous employers, when I've started it has taken an extra two weeks for me to get my first paycheck - they withhold to get you started, then when you quit/etc, there is an additional check. I've experience this twice.

[emopunker2004]

At some of my previous emlpployers, when I've started it has taken an extra two weeks for me to get my first paycheck - they withhold to get you started, then when you quit/etc, there is an additional check. I've experience this twice.

:tpd:

[CigarNut]

At some of my previous employers, when I've started it has taken an extra two weeks for me to get my first paycheck - they withhold to get you started, then when you quit/etc, there is an additional check. I've experience this twice. All of your pay (wages, vacation, etc.) that is owed to you is supposed to paid to you when you terminate, at the time of (or on the day of) your termination. Some exceptions to this are funds being held for a 401k that do not meet the minimum requirements for an account. Funds in an employee stock purchase plan can also fall in this category. These can take 30 days or more to be refunded.