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Payroll error

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salimander

Guest
Not sure where to post this but my former employer (large bank) keeps paying me although I quit 2 months ago. I have called at least 8 times to get them to stop. They are so busy that they just haven't gotten around to fixing it. It sounds like a wonderful problem to have but at what point can they take the money back out of my account (it is auto deposited)? It is just sitting there now, untouched. I do not want it, I did not earn it. But I do not want to wait a year and then have them try to recover it. Are there any laws or guidelines around this? Thanks
 


cbg

I'm a Northern Girl
I'm not sure if it's a state or a Federal law, but at least in my state they may not reverse a direct deposit after a very limited length of time (it's been several years since I did payroll; it's either 72 hours or the next payroll period). So you don't need to worry about them suddenly reaching into your account after a year and retrieving all the extra money.

However, as you obviously know, you do not have a right to keep the money. What is stopping you from writing a check to at least keep the balance owed from getting out of hand? The receipt of such a check might propel them into doing something.
 
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salimander

Guest
Sure, I could do that. It is a fairly significant amount of money. I also tried to have it reversed. My next option may be to close my account so that any subsequent entries will be rejected. Thanks
 

Beth3

Senior Member
If you're in California, I don't believe the employer can require you to repay the money but you'll want to check with CA's Labor Board on that one.

I compliment you on your integrity. All other posts similar to yours are from individuals wanting to know how they can legally keep the overpayment and not pay it back. Closing the account so that the employer can't deposit any more overpayments sounds like a good idea.
 

Beth3

Senior Member
So he is. Well, it's Saturday morning and he didn't post his State in the requested place...
 

JETX

Senior Member
This is all interesting, but the fact is.. this is the employers money and whether it can be 'auto-reversed' is not relevant.

Simply, the employer can make a demand for repayment.... and enforce that demand in court if necessary.

With that:
"I have called at least 8 times to get them to stop. They are so busy that they just haven't gotten around to fixing it."
*** The problem you have is that NO ONE will remember your claim of 8 phone calls if it comes to legal action against you to recover THEIR funds.

So, get off your lazy ass and solve this problem. Write a check for the FULL amount that you owe them and send it to them with a very nice letter advising them of their error and your DEMAND that they resolve it. Heck, you could even include a statement that if they deposit any additional funds in say, 14 days or longer, that those funds would be deemed yours (it won't stand in court, but it might just get their attention). Send your letter (and check) by certified RRR to the bank president.
 

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