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  1. #1
    jsanders02 is offline Junior Member
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    Overpaid after termination

    I was recently terminated from a job. Upon termination, I was told I would be paid my final paycheck on the next payroll period, which was 14 days away. I cited Arkansas state law and requested that I receive my paycheck withing 7 days.

    My employer used ADP, an automated payroll system. However, the HR director had to cut me a physical check to pay me before the pay period.

    Then, a few days later, on the regular date of payroll, I received direct deposit into my account for the same amount. Knowing that it was double payment of my last paycheck, I emailed the HR director. She said she would deduct the amount from my account.

    Now, almost two weeks later, the amount still has not been deducted. I have not contacted the HR director again, as I do not see how it is my problem that she did not do her job.

    My question is: is there some term in which they can no longer recoup that lost amount? I did my part in contacting the employer and acknowledging the error. Now it seems if they don't fix it, it should be their loss.

    Just wondering if there is any possibility that I could keep the overpayment if they don't correct it in a certain amount of time.
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by jsanders02 View Post
    Now, almost two weeks later, the amount still has not been deducted. I have not contacted the HR director again, as I do not see how it is my problem that she did not do her job.

    My question is: is there some term in which they can no longer recoup that lost amount? I did my part in contacting the employer and acknowledging the error. Now it seems if they don't fix it, it should be their loss.

    Just wondering if there is any possibility that I could keep the overpayment if they don't correct it in a certain amount of time.
    There are dozens of "I have been overpaid" posts on this forum and EVERY one if them are answered with "You are required to pay them back".
    Why do you think you are different and due special treatment??

    They cannot 'undo' a deposit to your account without your express permission to the bank. Simply, write them a check for the amount that you received.
  3. #3
    jsanders02 is offline Junior Member
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    Actually, they can undo the deposit. I worked for the bank where my account is held. I brought the mistake to their attention, I gave them permission to debit my account. If they don't do it, why should I remind them?
  4. #4
    cbg
    cbg is offline Senior Member
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    Because if they sue you for the money they will win. Banking law limits how long after a paycheck has been deposited, it can be reversed.

    There may well be a limit after which they can no longer recoup it but if such a limit exists in your state, it will be in terms of years, not days or even weeks,

    Keeping money you did not earn and know you are not entitled to is stealing.
  5. #5
    ecmst12 is offline Senior Member
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    They may not know how to debit your account since it's too late for them to reverse the deposit. You could write them a check, but honestly I'd then worry about them accidentally double-debiting your account. But you might want to call them up and figure out what the problem is, because they're not going to forget about it, and the longer the money sits in your account, the more you're going to be tempted to forget that it isn't yours and spend it.
  6. #6
    justalayman is offline Senior Member
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    and do NOT do the stupid thing and write checks knowing that money is there but not enough of your actual money. If you do and they debit your account and it causes you to be overdrawn, then tough stuff it is your fault.

    Not saying you would do it but right after "they didn;t take the money out so can I keep it" question, this is the next most asked question regarding this type of thing.

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