I was paid my salary + part of someone else's

[Parkerton]

In California...

I left my company two months ago and have discovered that my former employer has been depositing a portion of someone else's salary into my account. This has been going on for the past year and a half and therefore the dollar amount is significant. Before you jump on me and say "yeah, of course you didn't know ; )" I have to say, I really didn't know.

There are a couple reasons for this, I had my salary directly deposited into two separate accounts. The deposit that I received from this other employee was in the exact same fixed amount each month that I had set up my deposit for. Also, his/her name is Asian and not to be offensive, but I really thought it was "HR lingo" and didn't realize it was a person. Anyhow, enough defending myself. I just feel awful because I didn't ask to be placed in this situation and I feel like I did the ethical thing by informing my former employer about this.

My questions are:

* Am I obligated to repay this?

* If I am, do I have to pay it in full?

* Over what time frame?

* Are there any cons to being sued (translation: should I just pay up or let the courts decide).

I don't have any law background so I'd appreciate "plain English" responses. Also, in your response, please differentiate between opinion and what you know to be the law.

I will be talking to my employer on Monday about this and appreciate any insights you could share.

 

[JETX]

Am I obligated to repay this?

Yes.

If I am, do I have to pay it in full?

Yes.

Over what time frame?

Immediately on demand, or on any time as agreed by the former employer.

Are there any cons to being sued (translation: should I just pay up or let the courts decide).

Yes. Pay up.

I don't have any law background so I'd appreciate "plain English" responses.

Can't be more 'plain' than that.

Also, in your response, please differentiate between opinion and what you know to be the law.

Yes, it IS the law.

Yours is the second post in two days where, for some reason, you think you have a right to benefit from someone elses mistake. I can't help but believe you would yell your head off, demanding the money, if you found that your employer would have somehow been UNDERPAYING you.... yet, you feel that you have no obligation to repay the employer if the roles are reversed.

Where were you when they were handing out maturity and accountability???

I just can't believe

 

[Parkerton]

Please do not make judgements about my intentions or character. FYI, I do NOT feel that I'm entitled to this money. I plan to pay it back. However, I did not ask to be placed in a situation where by I'm now forced to make payments back to the company and have to live on a tighter budget. I'd rather they didn't "overpay" me in the first place. But they did. And now I'm in a hardship that wasn't of my own doing.

And once again, I did the honorable thing and notified the company as soon as I learned of it.

Also, if the situation was reversed and I was underpaid...you're darn right I'd be kicking and screaming, but not at the person who received my pay...but at the payroll dept for being incompetent.

 

[BelizeBreeze]

And now I'm in a hardship that wasn't of my own doing.

And a hardship of YOUR making because you not only cashed the check but spend money that didn't belong to you.

Any other excuses?

 

[Parkerton]

And a hardship of YOUR making because you not only cashed the check but spend money that didn't belong to you.

Any other excuses?

Please read the post before making judgements...it was a direct deposit (no checks to cash)...I didn't know till I quit and noticed they were still depositing something in my account.

Gosh, I didn't sign up for this forum to be judged...just looking for legal advice without attitude.

 

[BelizeBreeze]

Please read the post before making judgements...it was a direct deposit (no checks to cash)...I didn't know till I quit and noticed they were still depositing something in my account.

Gosh, I didn't sign up for this forum to be judged...just looking for legal advice without attitude.

And this changes your situation how?

 

[JETX]

However, I did not ask to be placed in a situation where by I'm now forced to make payments back to the company and have to live on a tighter budget.

Yes you did. You spent the money that was not yours. If you had IMMEDIATELY notified them of their error, and put those 'extra' funds aside (rather than spending it), you would not have this problem now.

And now I'm in a hardship that wasn't of my own doing.

As noted above, this is clearly YOUR doing. No one forced you to spend that 'extra' money, did they?? And of course, there is no way that you are going to convince ANYONE that you didn't know about it.

And once again, I did the honorable thing and notified the company as soon as I learned of it.

Yeah, right!!! Anyway, your 'notification' has nothing to do with the issue.

Also, if the situation was reversed and I was underpaid...you're darn right I'd be kicking and screaming, but not at the person who received my pay...but at the payroll dept for being incompetent.

But that isn't the issue. The bottom line is, once you 'discovered' that you were being underpaid, you would DEMAND that your employer pay you the money you are owed. And that is exactly what they are doing.... demanding the money that THEY are owed. Pay them.

 

[bubbafrnk]

Your questions were reasonable and all good legal questions. The last time I checked this was a legal forum and not a forum on morals or opinion.

Many years ago I had $5,000 show up in my bank account as a deposit and I know I didn't put it there. I gave it some serious thought but eventually called the bank and after checking they said "oh yeah we made a mistake". What was funny is that they apologized to me for the mistake but didn't thank me for pointing it out. Hey movie tickets or lunch would have been nice.

What those two other numbskulls didn't point out is that you had the morals to point this out to your employer and are in the process of correcting THEIR mistake. I would ask the same questions you did.

I commend you for your honesty for doing the right thing. Asking questions is always good and what this forum is for.

 

[BelizeBreeze]

Your questions were reasonable and all good legal questions. The last time I checked this was a legal forum and not a forum on morals or opinion.

Many years ago I had $5,000 show up in my bank account as a deposit and I know I didn't put it there. I gave it some serious thought but eventually called the bank and after checking they said "oh yeah we made a mistake". What was funny is that they apologized to me for the mistake but didn't thank me for pointing it out. Hey movie tickets or lunch would have been nice.

What those two other numbskulls didn't point out is that you had the morals to point this out to your employer and are in the process of correcting THEIR mistake. I would ask the same questions you did.

I commend you for your honesty for doing the right thing. Asking questions is always good and what this forum is for.

OH BROTHER!
Whose turn is it to lead the FA group hug?

 

[JETX]

Your questions were reasonable and all good legal questions. The last time I checked this was a legal forum and not a forum on morals or opinion.

Many years ago I had $5,000 show up in my bank account as a deposit and I know I didn't put it there. I gave it some serious thought but eventually called the bank and after checking they said "oh yeah we made a mistake". What was funny is that they apologized to me for the mistake but didn't thank me for pointing it out. Hey movie tickets or lunch would have been nice.

What those two other numbskulls didn't point out is that you had the morals to point this out to your employer and are in the process of correcting THEIR mistake. I would ask the same questions you did.

I commend you for your honesty for doing the right thing. Asking questions is always good and what this forum is for.

And another 'feel-good, warm fuzzy' post without ANY legal value... yet made on a legal forum. I guess it is simply beyond some idiots mental ability to understand what LEGAL ADVICE means.

 

[BelizeBreeze]

I guess it is simply beyond some idiots mental ability to understand what LEGAL ADVICE means.

Wasn't that Jonathan Livingston's sister in the Star Wars movie (Princess LeaGull)????

 

[bubbafrnk]

And another 'feel-good, warm fuzzy' post without ANY legal value... yet made on a legal forum. I guess it is simply beyond some idiots mental ability to understand what LEGAL ADVICE means.

Wow aren’t we mature. I havn't read but 2 or 3 of your 23,000 posts but I assume they are all like this.

Can you give legal advice without having to put someone down and call them an idiot. There are other web forums I can direct you to if you enjoy that.

 

[BelizeBreeze]

Wow aren’t we mature. I havn't read but 2 or 3 of your 23,000 posts but I assume they are all like this.

Can you give legal advice without having to put someone down and call them an idiot. There are other web forums I can direct you to if you enjoy that.

Oh brother.
Obviously you can't read. Otherwise you'd have notice that Jet gave this idiot the only relevant legal advice applicable to the situation.

Now, where is YOUR legal advice?

 

[bubbafrnk]

Oh fine now go ahead and out me down becasue I can't read. That is hitting way below the belt

 

[Parkerton]

Yes you did. You spent the money that was not yours. If you had IMMEDIATELY notified them of their error, and put those 'extra' funds aside (rather than spending it), you would not have this problem now.

Look man, ONCE AGAIN. I notified the company as soon I saw what was going on. I have NO REASON to lie to this board.

I'm appalled by this board and the nastiness of it. I have not said ONE THING to warrant this and yet all this anger comes. No wonder people in the legal profession get a bad wrap (Bubbafrank excepted).