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Chief Gump
12-30-2013, 07:52 AM
If a past employer accidentally overpaid you a couple of hundred dollars and you never realized it can they legally do anything about this a couple of months later?

threebag02
12-30-2013, 07:57 AM
Yes.

loochy
12-30-2013, 08:20 AM
If a past employer accidentally overpaid you a couple of hundred dollars and you never realized it can they legally do anything about this a couple of months later?

im thinking theyll just withhold that amount from the next check

Pablo
12-30-2013, 08:21 AM
im thinking theyll just withhold that amount from the next checkThey're not giving him checks anymore.

loochy
12-30-2013, 08:24 AM
They're not giving him checks anymore.

ahh

well then

they might just let it go if the amount is small enough that it would cost them more to pursue than to leave alone

threebag02
12-30-2013, 08:25 AM
ahh

well then

they might just let it go if the amount is small enough that it would cost them more to pursue than to leave alone

No they're coming and they're bringing hell with them.

Chief Gump
12-30-2013, 08:34 AM
They're not giving him checks anymore.

Exactly. I was just curious what the legalities behind it was.

BlackHelicopters
12-30-2013, 08:39 AM
If it just a couple hundred, economically, why pursue it.

65TPT
12-30-2013, 08:42 AM
RUN FOREST RUN !!!

noa
12-30-2013, 08:44 AM
Yes, they can demand the money back.
Posted via Mobile Device

Demonpenz
12-30-2013, 08:46 AM
My current employer did that, I gave it back and they gave me some Border bucks for my efforts.

Buehler445
12-30-2013, 08:51 AM
Yeah, there is legal recourse, but I doubt they take it for $200.

cabletech94
12-30-2013, 09:00 AM
oh my god!!! i didn't realize we had that many lawyers here!!!

this is great to know!!

/said sarcastically

;)

kepp
12-30-2013, 09:00 AM
Maybe make it clear to them that it will cost more than a couple hundred for them to get it back?

scho63
12-30-2013, 09:04 AM
They can charge you with misdemeanor theft if they ask you for it back and you refuse.

Just like if an ATM gives out money in error. It's not yours.....

BigCatDaddy
12-30-2013, 09:18 AM
Do you also encourage bet welching? I'm seeing a trend here.

KCFaninSEA
12-30-2013, 09:22 AM
Where I'm at there is a time limit on how long they have to make the claim that they overpaid you and then you MUST agree to pay it back. Check your state laws under wage and earnings. Should be a fairly simple search.

Iowanian
12-30-2013, 09:29 AM
If it were me and they asked for it back, I could tell them you would be happy to return their property, however you are going to be charging them a storage fee of $250.

Simply Red
12-30-2013, 09:36 AM
If a past employer accidentally overpaid you a couple of hundred dollars and you never realized it can they legally do anything about this a couple of months later?

sounds like a psycho ex-employer.

JohnnyV13
12-30-2013, 09:40 AM
Even if there is no applicable state law, they have an equity action. Offhand, I think "Money had and received" would apply. And that idea of trying to make it more expensive to pursue than its worth would just make things worse in an equity action. They could also sue for costs.

Gonzo
12-30-2013, 10:15 AM
Yes. Money received for services not performed. Small claims court. Wopner.

dtebbe
12-30-2013, 10:39 AM
My wife was once the executive assistant to the owner of a home healthcare company. The woman (the owner) was a total battle axe, and my wife had to put up with a bunch of crap over the years. The owner, however realized this and always compensated my wife very well. The owner sold out to a large medical organization and left, so my wife was moved back into a general clerical position. The owner, however negotiated bonuses for all current employees as part of the sale. My wife received a $5400 bonus, which we later learned was massive compared to most people's $400 - $800 bonuses. We assumed that it was a special thank you from the owner for my wife's years of putting up with her crap. My wife quickly learned that there was a lot of ill will towards her (from being the previous owner's right-hand "man"), and the mid-level managers made life hell on her and basically forced her to quit. About a month after she moved on I got a call one morning from the new medical organization saying there had been a "clerical error" of $4900 on my wife's bonus and that we needed to pay it back. Once I stopped laughing, I wished them luck and hung up. Last I ever heard from them.

Unless you were punching a time clock and your hours/pay were 100% documented on their side, I don't see how the department of labor (having dealt with them) would ever back the employer. If your hours are not electronically tracked I would just casually mention a "department of labor grievance" next time you talk to them. If you are only talking a few hundred $$ I guarantee that's the last you will hear from them.

DT

BWillie
12-30-2013, 12:32 PM
If a past employer accidentally overpaid you a couple of hundred dollars and you never realized it can they legally do anything about this a couple of months later?

I'm not sure, but if the glove does not fit, you must quit. Or something.

Better advice

http://667890af24dcf3c4ff75-3c5c7cf439b200c763d8c176f7f8a124.r52.cf2.rackcdn.com/images/images/7072/photos/large/better-call-saul.jpg_0b1485e3849093772273134eaf6583a0?1387304675

vailpass
12-30-2013, 12:48 PM
What are the circumstances of the over payment?

jspchief
12-30-2013, 03:34 PM
What are the circumstances of the over payment?Yeah, I'd say the details play a large role in how this would play out.

WhawhaWhat
12-30-2013, 03:37 PM
Small claims court. Wapner.

Not til 4 though.

Rain Man
12-30-2013, 03:40 PM
Yeah, there is legal recourse, but I doubt they take it for $200.

I would presume that this is the most likely outcome. If I was the employer, here's the process:

1. I ask for the money back.
2. If the employee gives it back, great. If the employee doesn't give it back, I lower my opinion of the employee considerably.

I'm not taking legal action for $200 unless I really, really, really despise the employee. And even then I probably wouldn't do it because you have to not just win, but also get a check.

It's really more of an ethical issue than a legal one. If you didn't earn the money, you should give it back.

Hammock Parties
12-30-2013, 03:43 PM
leave the country. now.

Nightfyre
12-30-2013, 03:47 PM
Qualifier: Non-lawyer here...

You should carefully consider if burning bridges and references is worth $200 as well.

cosmo20002
12-30-2013, 03:49 PM
Since you know you received something that wasn't yours, one thing you could do is give it back. :shrug:

KCFaninSEA
12-30-2013, 05:04 PM
Since you know you received something that wasn't yours, one thing you could do is give it back. :shrug:

If only most CEO's and company executives would think that way.

Rain Man
12-30-2013, 05:18 PM
Qualifier: Non-lawyer here...

You should carefully consider if burning bridges and references is worth $200 as well.

That's a really good point, even if it's not based in law.

Simplicity
12-30-2013, 05:19 PM
eye r interwebs lawyer