manager deposited money into wrong account

[dukejhin]

So my sister and I worked for a food chain in Idaho, payment could only be done via direct deposit so i had to setup my first bank account ( I was 18 ) i get my account setup and work is going good. I end up leaving sooner then i would of liked due to a family emergency and i had made some questionable financial decisions so my account was negative 280. I come from a low income family and with the unfortunate timing of my family emergency I was reluctant but fine with letting the account close and be sent to collections and pay it off and restart in the future. Well my sister was still working there by the time i had quit. We share the same last name, the manager of the food chain accidentally deposited my sisters paycheck into my account. the manager then contacts me and wants me to fix this error. i redirect him to my bank for him to fix it himself since i did not make the mistake and was going to let that account close. they "reimbursed" my sister her check and then turned to me for compensation. the manager assured me all the owners are looking for is a agreement of a payment plan for compensation. I worked out a $20 a month payment plan to pay back the 160. (7-8 months for completion) the manager told me he would talk to the owners FIRST thing in the morning and get back to me. This was on Feb 6. The owner of the food chain then calls me on Feb 20. saying since i never got back to them im now in possession of stolen property and she is taking me to court. I sent her screenshots of the last correspondence between me and their management saying they will get back to me. She immediately becomes very hostile and says " thats a [language removed] plan im not waiting [foul language removed] months for payment you're stealing i will take you to court. " Once i told my mother what was happening she took over communications and as of now the plan is to pay them back ASAP in full. What are my legal rights here? Should I opt to go to court and fight it?

 

[Zigner]

So my sister and I worked for a food chain in Idaho, payment could only be done via direct deposit so i had to setup my first bank account ( I was 18 ) i get my account setup and work is going good. I end up leaving sooner then i would of liked due to a family emergency and i had made some questionable financial decisions so my account was negative 280. I come from a low income family and with the unfortunate timing of my family emergency I was reluctant but fine with letting the account close and be sent to collections and pay it off and restart in the future. Well my sister was still working there by the time i had quit. We share the same last name, the manager of the food chain accidentally deposited my sisters paycheck into my account. the manager then contacts me and wants me to fix this error. i redirect him to my bank for him to fix it himself since i did not make the mistake and was going to let that account close. they "reimbursed" my sister her check and then turned to me for compensation. the manager assured me all the owners are looking for is a agreement of a payment plan for compensation. I worked out a $20 a month payment plan to pay back the 160. (7-8 months for completion) the manager told me he would talk to the owners FIRST thing in the morning and get back to me. This was on Feb 6. The owner of the food chain then calls me on Feb 20. saying since i never got back to them im now in possession of stolen property and she is taking me to court. I sent her screenshots of the last correspondence between me and their management saying they will get back to me. She immediately becomes very hostile and says " thats a [language removed] plan im not waiting [foul language removed] months for payment you're stealing i will take you to court. " Once i told my mother what was happening she took over communications and as of now the plan is to pay them back ASAP in full. What are my legal rights here? Should I opt to go to court and fight it?

Why don't you borrow the $140 from your mother and pay her back? ($140, not $160 because you already made your first payment per the manager's agreement, right?)

 

[adjusterjack]

What are my legal rights here?

You have lots of legal rights. It wouldn't serve any purpose to try to list them all.

Should I opt to go to court and fight it?

Do you mean sue somebody? You have nothing to sue for. You DO owe the money.

If the business owner sues you then, yes, you go to court to defend yourself, though the business owner's exhortations seem like a lot of hot air designed to scare you.

 

[LdiJ]

Why don't you borrow the $140 from your mother and pay her back? ($140, not $160 because you already made your first payment per the manager's agreement, right?)

This was a flat out mistake on the part of the employer. In fact, a really stupid one. They didn't just pay the money into the wrong account but they paid the money to the wrong person. The OP didn't steal anything. The OP had an overdrawn account therefore the money wasn't available to be retrieved by the employer.

Yes, the OP needs to eventually reimburse the employer. However the employer has zero leverage to force anything sooner rather than later and can certainly bring no criminal charges against the OP.

 

[Zigner]

This was a flat out mistake on the part of the employer. In fact, a really stupid one. They didn't just pay the money into the wrong account but they paid the money to the wrong person.

I agree

The OP didn't steal anything.

I disagree. As soon as the OP refused to return the money, it turned in to some form of theft.

The OP had an overdrawn account therefore the money wasn't available to be retrieved by the employer.

There's no question about that.

Yes, the OP needs to eventually reimburse the employer. However the employer has zero leverage to force anything sooner rather than later and can certainly bring no criminal charges against the OP.

I, again, disagree.

 

[LdiJ]

I agree
I disagree. As soon as the OP refused to return the money, it turned in to some form of theft.

There's no question about that.

I, again, disagree.

There is a big difference between being unable to return the money due to the overall circumstances and stealing the money.

 

[Mass_Shyster]

As soon as the OP refused to return the money, it turned in to some form of theft.

I'm not so sure. The OP never received the money. The bank took it and applies it towards OP's debt.

While I believe that OP still owes the bank for the overdraft, I don't know that OP owes the depositor. The bank seized the deposit. The bank should return the deposit and continue chasing OP for the debt.

Or, put another way,

OP is in privity with the bank. OP is not in privity with the depositor. Depositor is in privity with the bank, OP has an obligation to repay the bank under whatever terms they have agreed. Depositor does not have the ability to change that agreement and demand OP now pay depositor. The bank applied depositor's funds towards OP's debt. The issue is between the depositor and the bank.

 

[Zigner]

I'm not so sure. The OP never received the money. The bank took it and applies it towards OP's debt.

In other words, the OP received it.