Is it legal?

[bigdog2757]

I interviewed for two positions earlier in the month. I accepted one and by voicemail informed the other company that I had received another offer. Since then, I have received medical cards, Pharmacy cards, and yes, a paycheck for a job that I have never attended. I haven't signed any forms for this company, or provided any information for medical, taxes, or anything else. I would like to deposit the check into a savings account, (not spend it), and see how many checks they send. Despite the moral dilemma, is this legal?

Bill in Oregon

 

[JETX]

There are several different possible scenarios that could arise from your actions, but the simple answer is: No, it is not legal, or ethical, or moral.

First, lets look at the criminal aspect:
You could be charged with fraud or theft. The actual charges, if any, would be determined by the complainant and the DA. Want to 'spend the night with Bubba???'

Now, the civil aspect:
The Plaintiff (employer) could file civil charges against you to recover all funds and expenses incurred as a result of your action. This could include: cost of opening a file, cost of 'training', cost of preparation for your expected arrival, loss of interest on the moneys paid, cost of issuing and processing a paycheck... etc. I think you see where this could lead.

Gather up the documents you received, including the checks, type up an inventory of all the documents, and return them to the company. Either send by certified mail or hand-deliver. If delivered, ask for someone to sign a receipt that the inventoried documents were received.

Don't try to be 'slick' and see how much you can get away with.... you will get caught, and the chances are your will be prosecuted.


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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by bigdog2757:
I interviewed for two positions earlier in the month. I accepted one and by voicemail informed the other company that I had received another offer. Since then, I have received medical cards, Pharmacy cards, and yes, a paycheck for a job that I have never attended. I haven't signed any forms for this company, or provided any information for medical, taxes, or anything else. I would like to deposit the check into a savings account, (not spend it), and see how many checks they send. Despite the moral dilemma, is this legal?

Bill in Oregon <HR></BLOCKQUOTE>


My response:

I think your answer is obvious, Bill, and I can't imagine that you'd ask "Why?" either. Just ask yourself, "Did I earn the money, or is this a snafu?"

IAAL


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[bigdog2757]

I don't understand how they could press any charges. The check came to MY mailbox, written in MY name. No, I have not worked there, and they were informed that I was not coming. I would have been an hourly employee at this company, which means that someone had to intentionally enter hours worked into some kind of a time card system. Again, I have no intentions of spending the money, and would gladly pay it back if asked.

 

[bigdog2757]

Hey guys...
Just thought I would let you know the outcome. I did call the company and let them know that I had never worked there, and yet I received a check.
Well, they thanked me for my honesty, and laughed saying that if I had cashed it, they would not have done anything, and probably would never have known.
I thought I did the right thing, but it cost me $900, that could have been mine with no consequences.
Thanks anyway.