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Previous Employer Continued Direct Deposit for 6 Months

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  1. Default Former Employer Continued Deposit into My Account by Mistake

    My question involves employment and labor law for the state of:
    I was laid off last month and I recieved my last paycheck and severance pay. But my employer keep deposiiting my past regular paycheck into my account. I think the payroll department make a mistake and they did not realize this mistake. My questions is can they claim back the paycheck amount that they deposit into my account after the laid off day? It is obviously their mistake, not mind. Please advise. Thank you.

    Tom

  2. Default Re: Former Employer Continued Deposit into My Account by Mistake

    Assuming you're in the US, you need to repay your ex-employer.

  3. Default Re: Former Employer Continued Deposit into My Account by Mistake

    Quote Quoting cheungs5

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    My question involves employment and labor law for the state of:
    I was laid off last month and I recieved my last paycheck and severance pay. But my employer keep deposiiting my past regular paycheck into my account. I think the payroll department make a mistake and they did not realize this mistake. My questions is can they claim back the paycheck amount that they deposit into my account after the laid off day? It is obviously their mistake, not mind. Please advise. Thank you.

    Tom

    If you found a bag of money that fell out of an armored car and kept it, you'd go to prison.

  4. Default Re: Former Employer Continued Deposit into My Account by Mistake

    they may or may not be able to TAKE it back, however you must return it.

    if you fail/refuse to return the money you WILL get sued and you are likely to be charged with theft.

  5. Default Re: Former Employer Continued Deposit into My Account by Mistake

    Yes, they can. There are no legal grounds whatsoever for you to keep the money. If you were paying a bill online and you accidentally hit an extra zero and didn't realize it, would it be okay for the entity you were paying to keep the money? After all, it would be your mistake.

  6. Default Re: Former Employer Continued Deposit into My Account by Mistake

    Why are you even asking this? You KNOW the money isn't yours.

  7. Default Re: Former Employer Continued Deposit into My Account by Mistake

    I agree with what everyone has said with one proviso.

    Depending on how the payroll periods were set and how much of a delay there was between the payroll end date and the issuance of a check, there is some possibility that the last deposit he received was a valid paycheck.

    Most payroll processing is not so automatic as to allow this kind of error to happen. So, there is at least some chance, however small that the deposit was valid. Its also equally, if not more possible that it was an error...but that should not be automatically assumed.

  8. Default Re: Former Employer Continued Deposit into My Account by Mistake

    I think the fact that he has already received his severance means that the likelihood of any subsequent payments being legit are very, very, very slim.

  9. Default Re: Former Employer Continued Deposit into My Account by Mistake

    Quote Quoting cbg

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    I think the fact that he has already received his severance means that the likelihood of any subsequent payments being legit are very, very, very slim.

    They probably are...but I still think that needed to be addressed.

  10. Default Re: Former Employer Continued Deposit into My Account by Mistake

    Well when OP mans up and does the right legal, moral, and ethical thing by telling Payroll about the apparent mistake, if it isn't a mistake, Payroll will explain that to him at that point.

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Source: https://www.expertlaw.com/forums/showthread.php?t=179699

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