Employer still paying me

[Wendigo]

I live in Oregon.

I quit a job back in August and I have made 3 phone calls and sent an email to ask them to take me off their pay roster. I only noticed in December because I was setting up a payment for my car lease when I realized I had received a direct deposit from my former employer. I finally got a reply back saying from them 'yes, I'm trying but it's being difficult'. I even asked them to remove me from direct deposit since I don't remember the website they used for that to do myself. They won't even remove my direct deposit that because 'it will be easier to pay them back that way'. I'd rather write checks. What else can I do? I was wondering if I could get an attorney to tell them to kick it into gear because I don't want to be screwed because of my attempts to stop getting paid are going unheard.

 

[LdiJ]

I live in Oregon.

I quit a job back in August and I have made 3 phone calls and sent an email to ask them to take me off their pay roster. I only noticed in December because I was setting up a payment for my car lease when I realized I had received a direct deposit from my former employer. I finally got a reply back saying from them 'yes, I'm trying but it's being difficult'. I even asked them to remove me from direct deposit since I don't remember the website they used for that to do myself. They won't even remove my direct deposit that because 'it will be easier to pay them back that way'. I'd rather write checks. What else can I do? I was wondering if I could get an attorney to tell them to kick it into gear because I don't want to be screwed because of my attempts to stop getting paid are going unheard.

Have you been spending the money? You cannot get screwed if you haven't been spending money that isn't yours to spend.

 

[Wendigo]

Paying it back isn't the issue I am having.

 

[cbg]

I'm wondering if you might not do better from the other end. Notify your bank that these particular direct deposits are no longer authorized.

 

[quincy]

I live in Oregon.

I quit a job back in August and I have made 3 phone calls and sent an email to ask them to take me off their pay roster. I only noticed in December because I was setting up a payment for my car lease when I realized I had received a direct deposit from my former employer. I finally got a reply back saying from them 'yes, I'm trying but it's being difficult'. I even asked them to remove me from direct deposit since I don't remember the website they used for that to do myself. They won't even remove my direct deposit that because 'it will be easier to pay them back that way'. I'd rather write checks. What else can I do? I was wondering if I could get an attorney to tell them to kick it into gear because I don't want to be screwed because of my attempts to stop getting paid are going unheard.

You need to send a formal written letter to your former employer revoking your consent for direct deposit instead of emailing and calling. Send the letter certified mail, return receipt requested.

Here is a link to the law, ORS 652.110:
https://www.oregonlaws.org/ors/652.110

See ORS 652.110 (7).

 

[LdiJ]

You need to send a formal written letter to your former employer revoking your consent for direct deposit instead of emailing and calling. Send the letter certified mail, return receipt requested.

Here is a link to the law, ORS 652.110:
https://www.oregonlaws.org/ors/652.110

See ORS 652.110 (7).

While I absolutely agree with this there is a potential problem now that we have gone into the new year. That money and withholding is very likely to show up on his W2. Now that we have gone into the new year its going to be more complicated for them to resolve the inaccurate withholding and reporting and they are likely to go after him for the gross rather than the net, instead of amending their 4th quarter 941 to correct their errors and clawing back the money they withheld from the IRS. There is still a very short window of time for them to make corrections before they submit their 4th quarter 941s but its very short.

Employers who make these kind of mistakes very often don't want to deal with fixing the tax aspects, and since these employers seem to be particular dim (after all, they are still paying someone who stopped working for them in Aug) I suspect it will be a problem with them.

 

[quincy]

It might be a problem for the former employer. It should not continue to be a problem for Wendigo.


(Username reminds me of the Ogden Nash poem "The Wendigo" - "The Wendigo. The Wendigo. I saw it just a friend ago...")

 

[Wendigo]

That was one of my top concerns, my W2, for sure - being screwed there. I will try contacting my bank about that as well. Thanks.

It might be a problem for the former employer. It should not continue to be a problem for Wendigo.


(Username reminds me of the Ogden Nash poem "The Wendigo" - "The Wendigo. The Wendigo. I saw him just a friend ago...")

Ahh, I was trying to think of a user name real quick and I had a tab opened in my browser from a monster I had looked up on a game I had been playing last night haha.

 

[LdiJ]

It might be a problem for the former employer. It should not continue to be a problem for Wendigo.


(Username reminds me of the Ogden Nash poem "The Wendigo" - "The Wendigo. The Wendigo. I saw him just a friend ago...")

Quincy, you have no idea how much trouble a clueless employer can cause a former (or even current) employee if they cannot get things right or do not want to take the trouble to get things right.

I once helped someone challenge their misclassification as a contractor with the IRS and they won their case. The employer (who was huge and should have known better) tried to make them repay the entire year's worth of money they received as a contractor so that they employer could turn around and reissue the money as part of payroll. We are talking over 50k. They tried to insist that it was the only way to fix the problem. We had to threaten to report them to the IRS AGAIN before they backed down and said that they only needed to be refunded the employee's share of the Social Security and Medicare taxes.

Please do not underestimate the heights of stupidity that can come into play with these things.

 

[cbg]

While I agree that it would have been easier to fix the problem in the same calendar year, we are faced with the irrevocable fact that we are in the new year and fixing it in the same year is no longer an option. What is also not an option is doing nothing. No matter how clueless the employer may be, the moving finger writes and having writ, moves on.

 

[adjusterjack]

the moving finger writes and having writ, moves on.

Nor all thy Piety nor Wit
Shall lure it back to cancel half a Line,
Nor all thy Tears wash out a Word of it.

(Omar Khayyam)

 

[quincy]

Quincy, you have no idea how much trouble a clueless employer can cause a former (or even current) employee if they cannot get things right or do not want to take the trouble to get things right.

[...irrelevancies...]

Please do not underestimate the heights of stupidity that can come into play with these things.

I am not underestimating anything and you have no idea what I know about employers.