Check Cashing

Illinois

I recieved a check from my previous employer two weeks after I had left for another company. I had a 10 month contract with them, for 20 pay periods which I had spread to a 24 month pay period schedule.

Therefore they withheld a amount of my money every pay check to put into a pool that I could draw my checks from during June and July (when I would not work, but still recieve my checks.) I left after 8 months, which means they had taken money from 16 paychecks. They are now stating I OWE them the amount of the check they sent me by April 15th.

I am not sure how this works, but since they owed me money and sent me a check I was clear to cash it, correct?

Even if they did not owe me money, sending a check to someone is similar to sending them cash, and therefore my cashing it was legit, or am I wrong?


I also do webdesign for them, at no charge (which I will be ending now). Does that count in my favor at all?

"I am not sure how this works"
*** If YOU aren't "sure how this works", how do you expect us to figure it out.

"but since they owed me money and sent me a check I was clear to cash it, correct?"
*** Yes. But they are equally right in asking that any overpayment be reimbursed.

"Even if they did not owe me money, sending a check to someone is similar to sending them cash, and therefore my cashing it was legit, or am I wrong?"
*** Right, but wrong. If someone sent you cash or a check and that payment was in error, they have the right to expect the 'error' be corrected and demand that you repay the erroneous funds paid. And if you refuse, they can take you to court.

"I also do webdesign for them, at no charge (which I will be ending now). Does that count in my favor at all?"
*** If the agreement to do the website was for free, then it has no bearing on whether they owed you the overpayment.

Well if I was sure how it worked I wouldn't be posting it here. Right?

So then if they overpaid me and I owe them the "Error" back, what time frame is reasonable? They want it by April 15th, but I do not think they can set the date, as long as I pay them back.

Also, how do I get the money that is owed to me from them? It was assumed this check came from the withholdings they held from my past checks.

"Well if I was sure how it worked I wouldn't be posting it here. Right?"
*** Not necesarily. Asking someone else, on the internet, who has absolutely NO direct knowledge of the facts to try to explain them to you, is not the smartest thing in the world.... so who knows what your logic is in posting here??

"So then if they overpaid me and I owe them the "Error" back, what time frame is reasonable? They want it by April 15th, but I do not think they can set the date, as long as I pay them back."
*** A reasonable timeframe is whatever both parties accept. They can demand that you pay today and file a lawsuit against you tomorrow if you disagree or don't pay. Lets reverse the roles for a second (always a good 'logic test'). Lets say that you overpaid THEM. How long would YOU wait for them to pay YOU??

"Also, how do I get the money that is owed to me from them?"
*** Make a demand. Clearly and concisely explain why you feel that they owe you money. Give them a specific time to pay (30 days??). If they refuse, go to your local courthouse and file a lawsuit (presumably, small claims).

Well if I was sure how it worked I wouldn't be posting it here. Right?"
*** Not necesarily. Asking someone else, on the internet, who has absolutely NO direct knowledge of the facts to try to explain them to you, is not the smartest thing in the world.... so who knows what your logic is in posting here??

Actually, the question and facts were extremelly clear. I asked if I can cash checks if someone writes it to me, and if so can they demand repayment. What other facts did you need?

I appreciate your help, however.

"What other facts did you need?"
*** None. My post was responsive to the questions asked. My initial comment was really in surprise to someone asking us to advise when the writer starts with "I am not sure how it worked" in conjunction with some 'strange' plan of paying 20 pay periods over 24 months. Clearly, if you didn't know how that 20 over 24 worked, how did you expect us to know??

Ahhhh! I see now. No, I know how the plan worked. it is not strange, I was a teacher at a grade school and summer months were off so we signed 10 month contracts. I was refering to how check cashing worked, wheter the money was yours or if they could fight to get it back after endorsing the check. I assumed that by endorsing the check they released the funds to me.

UPDATE:

I won this. I returned the check, and then gave them a deadline of May 1st to pay me in full what they owed me. They argued for awhile but I told them I contacted a lawyer about it and they gave me my amount in full.