Announcement

Collapse
No announcement yet.

Laid off in CA and still receiving paycheck California

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Laid off in CA and still receiving paycheck California

    I have been laid off by my employer but they kept paying me for two paycycles. Upon realizing that I promptly called them to notify the error.

    My questions are:
    1. Am I supposed to return the money? Can someone direct me to the specific CA Law that regulates this case? Could not find anything specific in the existing threads.
    2. If I owe them the money, can I negotiate a schedule that can fit my situation: ultimately they laid me off!

    Thanks!
    Madison

  • #2
    1.) You need a specific law to tell you you're supposed to return money that does not belong to you and you didn't earn? Where did you learn ethics and morality?

    2.) That is between you and your employer.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by madison_wei View Post
      1. Am I supposed to return the money?
      The employer could take you to court to get back the overpayment, plus costs.

      Madison is the name of my granddaughter. I will try hard to make sure that she has no such questions about ethics or legalities when she takes over the family business.

      As for negotiating repayment terms, sure you can, if they are willing to offer such. Given that the only other way to get paid back is to go to court, any arrangement that will get them paid sooner will be good for them.

      Why, if you knew you were overpaid, did you spend the money?
      Last edited by ScottB; 09-09-2007, 11:19 AM.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

      Comment


      • #4
        Sooooo, you were laid off, no one got around to tell payroll, and still receive a paycheck due to a glitch? Hmmmm where did I hear that one before?
        Is your name Milton by any chance?
        Your options in the workplace are the three "L's"- Live with it, Lobby for change, or Leave. Screaming for an attorney will do no good most of the time.

        Comment


        • #5
          Cut Some Slack!

          A lawyer was running for a gubernatorial position in a southern state. On an open forum, I had asked him this question: “While deer hunting alone, you come across a sack full of money. Just laying there. Not a single soul around. Would you take it to the lost and found?”

          He had not answered.

          When you are applying for a security clearance (unescorted access to nuclear facilities), you are given a 566 question test to help analyze your personality traits. If you appear too dishonest, you’ll be further tested. If you appear too honest, you’ll be further tested. Plato had even had a few things to say about this…….

          Comment


          • #6
            Originally posted by Buzzard3006 View Post
            A lawyer was running for a gubernatorial position in a southern state. On an open forum, I had asked him this question: “While deer hunting alone, you come across a sack full of money. Just laying there. Not a single soul around. Would you take it to the lost and found?”

            He had not answered.

            When you are applying for a security clearance (unescorted access to nuclear facilities), you are given a 566 question test to help analyze your personality traits. If you appear too dishonest, you’ll be further tested. If you appear too honest, you’ll be further tested. Plato had even had a few things to say about this…….

            Well in this case the OP's trail an be very easily traced, where a sack full of cash is much more difficult. Just not the same situation at all.
            Your options in the workplace are the three "L's"- Live with it, Lobby for change, or Leave. Screaming for an attorney will do no good most of the time.

            Comment


            • #7
              The case with the politician and the sack full of money was an analogy with the dude and the checks; and extends to the question being asked of one`s self…..Getting caught, or not getting caught is a judgment call by the one involved and was not considered in the analogy; that any answer by the politician would have been seen as related to his\her character, and could have been judged as dishonesty (“you are a thief; or you are a liar”) an answer was not given by the politician. Smart. But may show an analogy that is applicable to all----all of us. In analogy, the situation is the same; in actuality, it is not. Dig below the surface.

              Comment


              • #8
                Oh Wow! I called them up!

                First of all, about my ethic and morality... As soon as I have found out the error, I have called them up. I explained what was going on and HR thanked me for my honesty. If I have to return the money I will do it, but I want to know if I can negotiate installments. I was laid off and now I don't have the money I eventually owe. I am not happy that I have been laid off - yes I AM PISSED OFF - and now I am also in trouble...

                Finally, IF THE LAW TELLS THAT I DON'T HAVE TO RETURN THE MONEY, I will comply with the law, ethics or not. I have asked for the rules of law, not for anybody's judgement about my morality!

                Comment


                • #9
                  OP - return the money. It was an honest error & if you keep the money, it's like stealing. You're keeping money that is not yours. Ask your employer if you can pay the money back in installments.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Originally posted by Buzzard3006 View Post
                    A lawyer was running for a gubernatorial position in a southern state. On an open forum, I had asked him this question: “While deer hunting alone, you come across a sack full of money. Just laying there. Not a single soul around. Would you take it to the lost and found?”

                    He had not answered.

                    When you are applying for a security clearance (unescorted access to nuclear facilities), you are given a 566 question test to help analyze your personality traits. If you appear too dishonest, you’ll be further tested. If you appear too honest, you’ll be further tested. Plato had even had a few things to say about this…….
                    It's one of those situations where you're darn if you do or you're darn if you don't. or You can't win for losing.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      Way to go Madison. I agree with you.

                      Comment


                      • #12
                        No, there is no law that says if your employer makes a mistake and overpays you, you get to keep the money.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          There are criminal statutes, though.

                          My state:

                          1. A person is guilty of theft if:

                          A. The person obtains or exercises control over the property of another that the person knows to have been lost or mislaid or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property and, with the intent to deprive the owner of the property at any time subsequent to acquiring it, the person fails to take reasonable measures to return it. Violation of this paragraph is a Class E crime; or [2001, c. 383, §41 (new); §156 (aff).]
                          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                          Comment


                          • #14
                            Honesty is Required

                            Yelp, I had actually returned a cashiers check for an overpayment (by the bank) of $27,000. A person had asked the question, on another forum, what was the purpose of law to begin with. I had answered that it was for the simple reason to protect one from one`s self…… $27K in 1978 or so had been a pile of money….

                            Comment

                            Working...
                            X