Check Issued in Error

[MoneyMan]

What is the name of your state (only U.S. law)? It's either Kansas or Missouri. The company is located in Missouri, but I believe they are still incorporated in Kansas after moving recently.

At the beginning of March, I was told that this company didn't have the resources to support my position. To avoid the euphemism, I was fired. They offered to pay me through the month of March but that they would help me out if I didn't have a job by then. I have a close confidant who also works at the company and she informed me that the CEO was going to be in contact with me at the end of the month, though he never was. I figured the relationship was over, and that was fine. Then last week, I received a paycheck for the first half of April. Worried it was in error, I didn't spend the money, but was hopeful they were continuing their kindness.

Yesterday I received an email from the HR person (who isn't really an HR person) and he said there was a glitch in the payroll system (yeah right, I know he manually enters payroll each period) and that I would need to return the money to them ASAP. I haven't yet responded to the email. This company has wronged many and is not what I'd call moral. I'll return the money if I have to, but I'm wondering if there is legal precedent for this or if I can fight this and keep the money. I know it seems trivial, but I'm a little petty about them and the way they treated me while I was employed there.

Thanks in advance!

 

[PayrollHRGuy]

If you didn't work during the time the payroll covers you have no moral or legal right to the check.

 

[MoneyMan]

If you didn't work during the time the payroll covers you have no moral or legal right to the check.

I realized I left out part of it. I'm still supposedly "on call" to help with some social media advertising they are doing. I haven't done anything, though, because they haven't contacted me. I'm assuming you're right, but I wanted to make sure before I just handed the money back to them.

 

[PayrollHRGuy]

My advice stands.

 

[MoneyMan]

Good to know. I'm willing to give the money back, obviously, but I just wanted to be sure it was the correct action. Thank you!

 

[HRZ]

I'm not so sure I agree...if you were clearly terminated and applied for Unemployment based on same , yes, i would agree , it's an error ...you owe it back ..

BUT if you were placed on call or some euphemism designed to sidestep firing you for UC purposes .I'd NOT return it. OR if I received some sort of ambiguous severance continuation and they forgot to follow
Up and now want to retroactively undo it ...I'd not rush pending further clarification.

 

[PayrollHRGuy]

I'm not so sure I agree...if you were clearly terminated and applied for Unemployment based on same , yes, i would agree , it's an error ...you owe it back ..

BUT if you were placed on call or some euphemism designed to sidestep firing you for UC purposes .I'd NOT return it. OR if I received some sort of ambiguous severance continuation and they forgot to follow
Up and now want to retroactively undo it ...I'd not rush pending further clarification.

Everything in that post is wrong. If the company reduces him from full time to on call and he gets no pay or partial pay less than the state would have paid in UI there is nothing to stop him from filing and receiving UI benefits. At least nothing the employer did.

And if he didn't work he didn't earn it.

Your advice could not only end him up in court but also burning the bridge with the employer.

 

[Zigner]

Good to know. I'm willing to give the money back, obviously, but I just wanted to be sure it was the correct action. Thank you!

No, you wanted to know if you could stick it to them without getting in trouble.

 

[FlyingRon]

Real life isn't Monopoly. You don't get "Bank Error in your Favor, Collect $200."

 

[MoneyMan]

No, you wanted to know if you could stick it to them without getting in trouble.

I don't deny that. They're an awful company that XXX me over in more ways than I cared to get into. That doesn't mean I'm not willing to give it back if I legally have to.

 

[Zigner]

I don't deny that. They're an awful company that XXX me over in more ways than I cared to get into. That doesn't mean I'm not willing to give it back if I legally have to.

Right. To claim that you want to do the "correct" thing is a lie. You want to do what's best for you so long as you don't get in to trouble.

 

[adjusterjack]

I don't deny that. They're an awful company that f'd me over in more ways than I cared to get into. That doesn't mean I'm not willing to give it back if I legally have to.

You legally have to.

Give it back.

You're playing with fire.

 

[HRZ]

It's not a question of if he worked ....if he was paid to be " on call" then he properly is due the funds absent some other provision.

IF he was given some open ended severance package that would or might continue if he didn't have a job by then...and we don't know..but IF he didn't have a job by then , I don't see employer as holding the high road to retroactively recover severance ....IF employer sent clear notice that severance has run out ...which we do not know ..and he was paid AFTER that point, I would agree it's an error and he owns it back!

IN which court in what state for what ?

 

[MoneyMan]

Right. To claim that you want to do the "correct" thing is a lie. You want to do what's best for you so long as you don't get in to trouble.

I'm not pretending to be a great person. I don't mean correct as in morally correct. I mean correct as in legally correct. I want to stick it to them if I can. And it sure seems like I can't. So it's done.

 

[cbg]

HRZ is 100% wrong. There is NO legal right to pay for being on call unless you actually work.