monies/legal stuffs

[Mr. Mulder]

if ewe leave a company and they over pay ewe by 11 days then ask for it back two weeks later, do ewe have to pay them?

i handed in my notice on the 14th of may yet they paid me for the whole of may and now want lyke 500 squid off me! :o


...thinking of going to the CAB :snooty:

[megabyteme]

Not sure about the laws in Tunisia, but I would have to say that you could be held liable for that mone1y. Unlike the game Monopoly, there is seldom any "bank error in your favor..."- in fact, there have been very large amounts of money accidentally placed in accounts at banks. When the "lucky" customer noticed the error, they have withdrawn the money. The banks have had legal recourse against the individuals. Ultimately, they get charged with theft.

In your circumstance, it would be very easy for your employer to make a case against you. First, they have proof that you did not work on those days. You were accidentally paid for that time. They have realized their mistake and have asked for the return of that money. You, on the other hand, have no evidence you worked on those days. You have received money for work you did not do. You have an obligation to return that money.

At a minimum, they could send you to collections as an overdue account. They have all of your info- social security number, current address, references, etc.

They could also give you negative references and (possibly, but unlikely) inform potential employers that you stole from them.

The company could also file criminal charges against you.

Your call, but I think it would be in your best interest to get the money back to them ASAP. Do get a receipt, or even better, return the money in the form of a money order so you have proof that you took care of this - just in case they ever tried to do any of the above. :)

[chalice]

You don't have to pay it. Fact.

It is money which landed in your account due to their negligence. They can ask you to pay the difference but only as a matter of good will on your part. They shouldn't be so fucking thick as to pay their staff in advance anyways. Twats.

Tell them politely to bugger off. Or tell them rudely to fuck away off to the max. The choice is yours, moneybags.

[MiNiMAL]

No ! :)

[chalice]

You don't have to pay it. Fact.

It is money which landed in your account due to their negligence. They can ask you to pay the difference but only as a matter of good will on your part. They shouldn't be so fucking thick as to pay their staff in advance anyways. Twats.

Tell them politely to bugger off. Or tell them rudely to fuck away off to the max. The choice is yours, moneybags.

The only reason I knows this is cos I used to do payroll and this stuff happens all the time. Mainly due to poor communication from the managers to the payroll staff.

I've overpaid tons of leavers and tried to recoup the spill. The only legal recourse they have is to request you address the balance but that's as far as it goes. You're under no obligation. The worst they can do is give you a shite reference.

If you're feeling generous, you can say you've spent the money and you're willing to work out a repayment program. Give 'em 50p a week and you'll still be giving them more than you need to. The bunch of cunts.

[Mr. Mulder]

fucking win! so they can't take me to small claims or summink lyke that? i've gotta ring them monday, is there some legal shite i can quote? like the smith-vs-buttermyers case of 1870? - as i plan to tell them to suck my nob :smilie4:

[chalice]

fucking win! so they can't take me to small claims or summink lyke that? i've gotta ring them monday, is there some legal shite i can quote? like the smith-vs-buttermyers case of 1870? - as i plan to tell them to suck my nob :smilie4:

Yeah, tell them chavis sent you. They'll be shitting fucking breeze-blocks.

[megabyteme]

I found this specific to UK Law:
It seems, for the most part, to agree with Chalice.

If you have left the employment where the overpayment occurred

In this situation, your former employer is unable to make a deduction from your wages. But what if, some months or years later, your former employer, or even a debt collector, contacts you claiming that you owe money that was overpayed in the former employment? Much will depend on what was stated in the employment contract. Some contracts state that, if an employee leaves the employment owing the employer money that could not be recovered from final wages, the amount owed becomes a civil debt. If there is no contractual provision to treat the alleged overpayment as a civil debt, the employer may have considerable difficulty in enforcing payment if you refuse to cooperate. In either situation, you should obtain advice from a solicitor, or the Citizen's Advice Bureau, or another local organisation providing advice on legal, employment or tax matters.


Full page here which includes quite a bit else to think about...

http://www.paypershop.com/faq/overpaid.html


Unless you REALLY need the money, I wouldn't want to deal with it in the future for the $500. Your call. Tell us how it works out.


***EDIT*** BTW, just because Chalice is a soft-hearted teddy bear who does not pursue debts owed to the company does not mean that your former employer won't have some sadistic, axe-swinging warlord who will stop at nothing until monies are paid in full. Do check any employment contracts you have and use your best judgment.

[chalice]

They will assess the 'debt' against the likelihood of reconciliation through the civil courts (assuming, of course, that stipulations where included in your contract to protect themselves from an overpayment). For 500 squids they won't waste their time and resources.

Nothing to do with being a teddy-bear, more to do with pissing against the wind.

[megabyteme]

I thought you would like that. :P

At least here in the US, collection agencies will take small stuff like that and add penalties and interest until the original amount is only a small portion of what was originally owed.

The company has all of his info, and the documentation to show that he did not earn that income. Any judge or arbitrator would side with the company's claim in minutes. ***Edit- also, is it possible that he could have to pay court costs, too?

For $500, he risks paying much higher amounts, damage to his credit report, and loses a reference from his employer. If he ever finds himself trying to buy a house, he'll have to clear that debt off first. With all of the possible negatives, it hardly seems worth it.

[chalice]

He doesn't risk a thing if provision wasn't made for the recoup of overpayments in his original contract of employment. And going on my experience and that of my colleagues, it's pretty fucking rare to even have those safety nets embedded in the contract.

If he is owed unused annual leave days and a severance payment is pending, then they have every right to deduct the outstanding balance from that and may well do so.

I'll bet you hard currency, however, that no such provisions were included. He's not in the US, he's a limey.

[megabyteme]

I thought our hard-assed capitalist system had fully flooded the western world. It's kinda refreshing to hear that things are not so hammered down there. Our HR departments are extremely anal about getting any kind of paperwork like that taken care of, and our financial system leaves no thumb-screw unturned.

As a hometown guy (FST member), I hope he squeeks through the system. I just wanted to express the possible costs for attempting it.

[Mr. Mulder]

thanks homies :hug:

gonna try and dig out my contract and maybe go see the CAB, make sure they're on my side then - then tell my old company to stfu or do something else!111!1 I'm not giving them five hundred squids! that's a holiday ffs!!1

http://www.theboredninja.com/wp-content/gallery/tbn-pictures/its_on_now.jpg

[Skweeky]

You're moving flats anyway, aren't you? Just ignore them until they go away :D

[Mr. Mulder]

i'll ignore them so hard!1

went to see a couple of flatshares last weekend (as the 3 hours a day on the bus is made of fail and wont last).

one was quite near brighton center but was in a real sort of studenty/immigranty area, the people seemed nice enough, three dirty foreign burds but the place stank of smoke and when they showed me the room someone was asleep in a sleeping bag on the floor, they just said don't mind him he's very sleepy :blink:

the other was win, it was even closer, rent wasn't too bad inc bills, its a student place but they're all moving out and the owner is turning it into a house for honest working folk. the dirty little Hungarian burd wot showed me around was noice, i took pictures on my phone of her bedroom.... :shifty: but they wanted a months rent upfront which yeah is fair enough but then they wanted a massive deposit ontop too! they wanted eight hundred squids upfront!1 :o im not made of squids ffs!!

trying to get moved before winter comes around as the room im in here is fucking massive, right by the sea and not double glazed, you can see your breath in the air during winter and have to sleep in your coat :dabs: