Quit job after first day and continued to deposit paycheck.

[Sfate]

Texas -

They have been depositing $875 a week for the last 4 weeks. Yes I’ve spent a lot of the money. Anyone have actual legal advice not moral hahaha I mean seriously. I quit after the first day because they tried to fake me out on my position and salary that was discussed. Can they take the money out or should I just take out what’s left and close the account?

Thanks!

 

[quincy]

Texas -

They have been depositing $875 a week for the last 4 weeks. Yes I’ve spent a lot of the money. Anyone have actual legal advice not moral hahaha I mean seriously. I quit after the first day because they tried to fake me out on my position and salary that was discussed. Can they take the money out or should I just take out what’s left and close the account?

Thanks!

You need to contact your former employer and return to the employer ALL of the funds erroneously deposited in your account.

You earned pay for one day of work. That is all the money you are legally entitled to keep.

 

[Taxing Matters]

Texas -

They have been depositing $875 a week for the last 4 weeks. Yes I’ve spent a lot of the money. Anyone have actual legal advice not moral hahaha I mean seriously. I quit after the first day because they tried to fake me out on my position and salary that was discussed. Can they take the money out or should I just take out what’s left and close the account?

Thanks!

Return the money to the employer. You are not entitled to it. The employer may sue you to get the money back and, while perhaps not likely, there is the possibility that you taking the money and spending it when you know the money is not yours could result in prosecution for a theft crime. In short, you may end up buying yourself a lot of legal trouble down the road by keeping the money.

 

[Sfate]

Thanks for replying but....

I can’t return the money it’s gone. Any advice from here???

 

[quincy]

I can’t return the money it’s gone. Any advice from here???

Borrow from family or friends to pay back your employer and then work to pay back the loan(s).

Spending money that you knew was not yours was a big mistake. Your employer may not take legal action against you if you return the overpayment right away.

 

[Sfate]

Just curious

Are you guys lawyers?

 

[Just Blue]

Are you guys lawyers?

Does it matter? The advice you received was correct.

 

[Eekamouse]

I can’t return the money it’s gone. Any advice from here???

Oh, I get it. Entitlement generation. Well, good luck with the valuable life lessons you're about to experience. Try to retain the knowledge so you won't make the same mistakes twice.

 

[HRZ]

OP...the wording of your direct deposit agreement and or relevant state law is highly likely to allow them to reverse out mistakes from the account .

OP...you clearly owe the overpayments back ...sort it out and get it paid.

IF you stall it out and force them to take you to court you are likely to wind up with added costs, possibly the adding of interest , a judgement , and a paper record that is there for anyone to find...including any prospective employer UNWISE.

ALso, you know darn well this is not your money and to continue to spend it and not return it invites others to check out if this rises to some sort of criminal conduct

 

[cbg]

You have no legal grounds to keep the money. There is no legal concept under which it is yours because of a clerical error made by your employer. If they failed to pay you for four weeks when you worked you'd be yelling pretty loudly. This isn't any different.

You can contact your employer voluntarily now and repay only what was deposited in error, or you can repay them with interest after they sue you for it and win. They WILL win.

 

[not2cleverRed]

I can’t return the money it’s gone. Any advice from here???

Be prepared to be taken to court.

You worked only one day.
A reasonable person knows that they should only be paid for the time they worked.
A reasonable person keeps track of what money enters into their bank account and from where, and if they know that the money is not supposed to be there, they don't spend it.
What you did does not meet the "reasonable person standard".

As you have not reimbursed your former employer, you should not be surprised if your former employer goes to court to get a judgement against you. Nor should you be surprised if the debt is turned over to a debt collections agency... with interest.

You do not need a lawyer to represent yourself at this point, unless they think they can turn this into a criminal matter. Which is unlikely, if you start acting reasonably.

My *legal* advice is to pay them back. You can beg them to allow you to do this in installments - be extra nice and sweet, because you were wrong, whereas they just made a mistake. They do not have to agree to be reimbursed gradually, but it is worth a try. Groveling would be a good idea, as going to court would not be good for your credit.

 

[Sfate]

Well

My credit is already screwed. Could I just close the account? I mean at that point they could take me to court but closing the account would put effort into stopping the deposits and could keep them from reversing it right?

 

[Just Blue]

My credit is already screwed. Could I just close the account? I mean at that point they could take me to court but closing the account would put effort into stopping the deposits and could keep them from reversing it right?

They will go to the police and file a complaint. This would be grand larceny ...a felony.

 

[Eekamouse]

My credit is already screwed. Could I just close the account? I mean at that point they could take me to court but closing the account would put effort into stopping the deposits and could keep them from reversing it right?

You don't seriously think that closing your bank account will solve this problem, do you? You are right, though. You're screwed. You need to find a way to pay this money back right now or this is going to follow you for a long, long time to come.

 

[quincy]

My credit is already screwed. Could I just close the account? I mean at that point they could take me to court but closing the account would put effort into stopping the deposits and could keep them from reversing it right?

You can speak to your bank and inform your bank that money is being deposited into your account in error - and to stop accepting the deposits - but you eventually will have to face your former employer. It is better for you if you face your former employer with the overpayment funds in hand before you are sued or, possibly, charged with a crime (or both).

Again, try to borrow from family or friends so you can pay back to your employer what you owe, and then get a job so you can repay those from whom you borrowed. Or perhaps you can return for a refund what you purchased with your employer's money.

The bottom line is that it is not your money, you KNOW it is not your money, and you must return it (either voluntarily or through a legal action against you).

Good luck.