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employer keeps paying employee New York

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  • employer keeps paying employee New York

    for 5 months my wife was paid by her employer after she left the company through direct deposit. . theyfound out and called her for the first time today, and left a message about getting lawyers involved. Is this a civil or criminal case? we can payt it back over time but not right away. I would appreciate any help, I have 3 kids and a tough mortgage. It was about 20,000
    If this is criminal, can I take the blame somehow? I couldnt bear seeing her involved with the police, She is a 50 yo mother of an 11 yo son and we have 2 in college.
    Last edited by famman39; 06-26-2009, 02:09 PM.

  • #2
    There's some missing info here. Did the company try and contact your wife about the overpayment? Didn't she realize that she was being over paid and try to contact the employer? (I hope I have read your post correctly...that she was in fact over paid.)

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    • #3
      I see that cbg has answered your wife's post. and no, you can't take the blame for her since the checks are in her name.

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      • #4
        they just realized their error today, they just called today for the first time. We knew all along.when we realized(5 months ago I told her to call them and then dropped the matter. She was using it all along

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        • #5
          it was direct deposit to a joint account

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          • #6
            This is the $20,000 in the other post? Yes, this might well have crossed the line into felony. Taking money that you know you are not entitled to is stealing.
            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.

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            • #7
              reference other thread http://www.laborlawtalk.com/showthread.php?t=222247
              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.

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              • #8
                This should not be a criminal case, since their stupid computer probably automatically made the deposits. Charge the computer.

                They just want their money back.

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