Paid in error

[SMinNJ]

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

In a case where truth is stranger than fiction... A neighbor's daughter (age 23), trained to be a beer counter worker at a local concert venue. She failed to pass the alcohol control board test, and has never actually worked at the venue past her training. Shortly after her training, she began to receive bimonthly paychecks. She has received multiple checks, totalling over $500, without having ever worked. The presumption is that the employer somehow managed to mix her social security number with someone who is actually working, although why that person is not complaining about missing checks, I do not know. The neighbor's daughter is cashing these checks through a check cashing place, even though she knows that the money is not hers.

In a weird twist, the daughter is on welfare for herself and her 9 month old son.

1. Will she be responsible for paying back this money when the error is discovered?
2. Would this affect her welfare?
3. Are there other repercussions I am not thinking about?

Thanks,

SMMINJ

 

[Beth3]

The presumption is that the employer somehow managed to mix her social security number with someone who is actually working, although why that person is not complaining about missing checks, I do not know. It's far more likely that the employer's payroll department set her up as a new employee in anticipation she would pass the test and start working and payroll hasn't been notified that never happened.

1. Will she be responsible for paying back this money when the error is discovered? Yup.

2. Would this affect her welfare? Yup. Since she's cashing checks that she KNOWS she shouldn't be receiving, I seriously doubt she's reporting the income to the Welfare Department.

3. Are there other repercussions I am not thinking about? How about jail time for the welfare fraud and her son ending up in foster care.

 

[SMinNJ]

The presumption is that the employer somehow managed to mix her social security number with someone who is actually working, although why that person is not complaining about missing checks, I do not know. It's far more likely that the employer's payroll department set her up as a new employee in anticipation she would pass the test and start working and payroll hasn't been notified that never happened. .

I can understand why payroll would set her up, but the amounts of the checks vary, as if they are based on hours worked.

1. Will she be responsible for paying back this money when the error is discovered? Yup..

Is there a statute? I don't expect you to do the research, but what category would this fall under?

2. Would this affect her welfare? Yup. Since she's cashing checks that she KNOWS she shouldn't be receiving, I seriously doubt she's reporting the income to the Welfare Department.

3. Are there other repercussions I am not thinking about? How about jail time for the welfare fraud and her son ending up in foster care.

Ok. We presumed - she has three warrants in the state, one felony warrant in PA, and she herself was actually fostered by my neighbor (my neighbor is actually her aunt, but she was placed with her in foster care when she was six because her parents are addicts - both of her brothers are now fostered with my neighbor as well).

Thanks for your help.

 

[ecmst12]

There doesn't have to be a specific statute. Except for the welfare issue, it's definitely a civil (not criminal) issue. If she refuses to return the money, they can sue her. However with her being on Welfare and having no job or assets, it seems unlikely they would be able to collect and it's doubtful she cares about her credit rating. But she may care about her benefits so that might be the angle you should stress with her.

 

[SMinNJ]

There doesn't have to be a specific statute. Except for the welfare issue, it's definitely a civil (not criminal) issue. If she refuses to return the money, they can sue her. However with her being on Welfare and having no job or assets, it seems unlikely they would be able to collect and it's doubtful she cares about her credit rating. But she may care about her benefits so that might be the angle you should stress with her.

Is working and not reporting while on Welfare a criminal offense? How much would she have to work for it to mess up her benefits?

My neighbor is concerned because the daughter just applied for a Welfare subsidized apt., and was denied. My neighbor thought that perhaps the application would spark an audit from Welfare via ss#.

Thanks again for your thoughts.

 

[Beth3]

I can understand why payroll would set her up, but the amounts of the checks vary, as if they are based on hours worked.

Does it really matter WHY the checks are being sent in error? There's no question whatsoever in this young woman's mind that she's receiving wages she's not remotely entitled to.

Is there a statute? I don't expect you to do the research, but what category would this fall under?

I'm not an attorney but I suspect criminal charges could be pressed. She's cashing checks that she knows she is not due - that's stealing. The company obviously could also sue her for return of the funds.


Ok. We presumed - she has three warrants in the state, one felony warrant in PA, and she herself was actually fostered by my neighbor (my neighbor is actually her aunt, but she was placed with her in foster care when she was six because her parents are addicts - both of her brothers are now fostered with my neighbor as well).

Thanks for your help.

With four outstanding warrants, I guess it's not a surprise her criminal behavior continues. Sounds like she had an unfortunate childhood but she's still responsible for the choices she's making as an adult.