Wrongful Termination

[LiteDaze]

On 2/25/99, my employer made an erroneous deposit to my checking account for $5,600. I was asked to pay the money back by payroll deduction. At the time of the erroneous deposit I was on non-paid disability and not receiving a paycheck. I said I would authorize the deductions when I returned to work. I returned to work on 5/5/99. This time my employer stated I could do payroll deductions or pay a lump sum check. The lump sum meant only paying back the $5,600 net amount, while payroll deductions would mean paying back the gross amount of $10,000. My employer preferred a lump sum payment. I stated that the lump sum sounded better, but I needed time to collect a couple of paychecks so I would have enough money to make the lump sum payment. I stated that I could make the payment by June 18, 1999. I was fired on June 17, 1999 for misuse of company funds. On 6/19/99 my employer refused to accept the money back and reinstate me. Is it too late to sue for wrongful termination?

 

[Kelly143]

Why didn't you pay the money back as soon as you realized the mistake? I'm not sure about the legalities of them firing you, but it would make sense that at the very least, you shouldn't have spent money that didn't rightfully belong to you. It was an accidental deposit, not a loan.

 

[JETX]

What do you claim was 'wrongful' about your termination??

In reading your post, you KNOWINGLY accepted funds (on 2/15) that weren't yours (did you contact the employer when you FIRST noticed the funds or did you wait for him to find it??).

You told your employer (when??) that you would repay them when you returned. You returned on 5/5 and still didn't pay them back.

Subsequently (sometime after 5/5??), you agreed to pay lump sum when you got a "couple of paychecks". How often were you paid???

Some six weeks later (how many paychecks??) you were terminated.

I would assume that the employer (getting somewhat concerned about THEIR money that you had) had SOME conversations with you between 5/5 and 6/17 regarding the payments. What was said???

Looks like you are out of a job... and still liable for the amount that you have to repay. I am sure you will be hearing from them in the future to recover their money.