Big unkown check from company, what to do with it?

[papashaq]

What is the name of your state (only U.S. law)? WI

Hi everyone, I have a question. I need legal advice and not moral advice on this one...My wife works for a rather large company, globally known. She can buy stuff that they make in the store and send in the receipt and they will give her a percentage back. Let's say they are door knobs that she bought. Her percentage back should have been about $100. This big globally known company just bought the small company she used to work for so this is the first time we sent in for this rebate. The problem is, well...They sent her a check for close to $5,000, which we think is her rebate check, it just says security in the memo line, nothing else. She got her paycheck direct deposit as she normally should and as she has for years. We beleive this is a screw up from the big company. We've held onto the check for about 2 months now because we are scared to cash it. No one has said anything to her about it, and no one else at work has said anything about them getting one. We haven't talked to anyone about this. Do you think they are testing her to see if she is an honest employee? Can they do that? Legally?

Should we cash it? We could really use that money for some medical bills, but we don't want her getting fired for cashing it. What could they do to her if she cashes it and later finds out about it or if they are testing her? What do you think we should do? Thanks in advance for any help.

[IsabellaSoriano]

Originally Posted by papashaq

What is the name of your state (only U.S. law)? WI

Hi everyone, I have a question. I need legal advice and not moral advice on this one...My wife works for a rather large company, globally known. She can buy stuff that they make in the store and send in the receipt and they will give her a percentage back. Let's say they are door knobs that she bought. Her percentage back should have been about $100. This big globally known company just bought the small company she used to work for so this is the first time we sent in for this rebate. The problem is, well...They sent her a check for close to $5,000, which we think is her rebate check, it just says security in the memo line, nothing else. She got her paycheck direct deposit as she normally should and as she has for years. We beleive this is a screw up from the big company. We've held onto the check for about 2 months now because we are scared to cash it. No one has said anything to her about it, and no one else at work has said anything about them getting one. We haven't talked to anyone about this. Do you think they are testing her to see if she is an honest employee? Can they do that? Legally?

Should we cash it? We could really use that money for some medical bills, but we don't want her getting fired for cashing it. What could they do to her if she cashes it and later finds out about it or if they are testing her? What do you think we should do? Thanks in advance for any help.

legally, if it is an error, they can ask for it back. to be honest, they may have already put a stop payment on it.

morally, you can send it to me.

[Antigone*of*Greece]

They can certainly fore her for being dishonest. This is a career decision. I would say that 5k is not worth it but them again that is just me.

[eerelations]

Legally, if it was sent to her in error and she keeps it, her employer can fire her for keeping it, and sue her for the return of the money. And her employer will win that lawsuit.

[pattytx]

Originally Posted by Wirelessany1

They can certainly fore her for being dishonest.

Or, they could fire her. (sorry, couldn't help it )

[swrdmbo]

No matter what you KNOW you are not entitled to that money. Why would you think of keeping it?

How would you like it if you made a mistake on paying a bill and sent 5000 instead of 500 and someone cashed YOUR check? I bet we could hear the wailing three states away.

You could use the money to pay some bills? Really? It is that short of a leap for you to act dishonestly (and maybe criminally)?

Doesn't anyone just do the right thing anymore simply because it IS the right thing( as opposed to "maybe she is being tested") ?

Ugh!!

[justalayman]

and to support everybody's statements here, there was a case in the news recently in my area that is similar:

[url=http://www.google.com/hostednews/ap/article/ALeqM5irMhfbwWznfOxwLKUKp_-cmoPcTgD9BLL5PG2]The Associated Press: Ex-Notre Dame worker to repay much of $29,000 tip[/url]

[url=http://www.foxnews.com/story/0,2933,551367,00.html]Notre Dame Sues Caterer Mistakenly Given $29G Gratuity - Local News | News Articles | National News | US News - FOXNews.com[/url]

[Antigone*of*Greece]

Originally Posted by pattytx

Or, they could fire her. (sorry, couldn't help it )

...lol Patty, that was a good catch.

[eerelations]

Originally Posted by swrdmbo

No matter what you KNOW you are not entitled to that money. Why would you think of keeping it?

How would you like it if you made a mistake on paying a bill and sent 5000 instead of 500 and someone cashed YOUR check? I bet we could hear the wailing three states away.

You could use the money to pay some bills? Really? It is that short of a leap for you to act dishonestly (and maybe criminally)?

Doesn't anyone just do the right thing anymore simply because it IS the right thing( as opposed to "maybe she is being tested") ?

Ugh!!

The OP said he didn't want moral advice. The reason he's thinking of keeping it is that he has no morals...and he's acknowledged that. He just wants to know what kind of legal trouble his lack of morals will cause.

[ecmst12]

Well at least you haven't spent it yet. BEFORE she cashes the check, she needs to *gasp* ASK HER EMPLOYER whether it is correct or an error. If it's an error, she can destroy the check and get a new one for the correct amount and move on, no harm no foul. Misakes happen and there are NO circumstances where you'd be allowed to keep money sent to you in error. And of course, there is a chance it's correct, in which case everyone is happy.

Her employer will be glad that she brought it to their attention instead of waiting for the accountants to find out (if it's an error). Of course, would have been better if she'd asked about it right away, but again, at least she hasn't cashed it yet.

[swrdmbo]

ee...sigh..I know..

I didn't give OP what he wanted....but I just couldn't help myself!!

[Proserpina]

Originally Posted by papashaq

What is the name of your state (only U.S. law)? WI

Hi everyone, I have a question. I need legal advice and not moral advice on this one...My wife works for a rather large company, globally known. She can buy stuff that they make in the store and send in the receipt and they will give her a percentage back. Let's say they are door knobs that she bought. Her percentage back should have been about $100. This big globally known company just bought the small company she used to work for so this is the first time we sent in for this rebate. The problem is, well...They sent her a check for close to $5,000, which we think is her rebate check, it just says security in the memo line, nothing else. She got her paycheck direct deposit as she normally should and as she has for years. We beleive this is a screw up from the big company. We've held onto the check for about 2 months now because we are scared to cash it. No one has said anything to her about it, and no one else at work has said anything about them getting one. We haven't talked to anyone about this. Do you think they are testing her to see if she is an honest employee? Can they do that? Legally?

Should we cash it? We could really use that money for some medical bills, but we don't want her getting fired for cashing it. What could they do to her if she cashes it and later finds out about it or if they are testing her? What do you think we should do? Thanks in advance for any help.

Why is this even a question?



Seriously?