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Accidently got deposit of paycheck Louisiana

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  • Accidently got deposit of paycheck Louisiana

    Two weeks ago, I accidentally received a deposit from my emloyer during my first week of work. It was their pay period for the previous two weeks of work. Since this was my first week, I was not going to be getting a paycheck for this pay period. Buy to my amazement I got paid anyway. I had just moved back to New Orleans, and had to incur moving and rental costs. My verbal agreement on the phone was that I would receive rental( meaning 1 month rent on an apartment) and reimbursement for moving expenses. I received the rental advancement, but not the moving expenses. I had inquired via email Monday of that week, but was told to check back. Tuesday, the secretary called asking me to submit my personal information for submission to the payroll/automatic deposit system. Thursday out of the blue I got a deposit for close to the amount of my expected paycheck, but was not sure it this it. Since I was friends with the employer and had worked for him before, I assumed he just went ahead and payed me a paycheck instead of reimbursing me for the moving expenses. So, what I did was send several emails the same day thanking him and the sec. for the advancement. I then asked the sec. about how much takes were taken out of the check. She then replied back with another w-4. I specifically stated that $x.xx amount of dollars was taken out of my paycheck. We only have about 20 employees total. So I went ahead and payed bills and spent the money like it was mine. Then almost 9 days later they emailed me stating that the payroll company which is a 3rd party, accidentally payed me instead of just entering me into the system, and therefore to make up for this, they stated that I would not receive a paycheck this week. Now I am in the hole if I do not get paid since I spent more money than I would have if I would had not received that accidental deposit. My question is can they legally withold my paycheck since it was not an error on my part?

  • #2
    Q: My question is can they legally withold my paycheck since it was not an error on my part?

    A: You cannot keep or use money which is not yours...it's called stealing. In any event, your employer was really nice to you here. Thank him/her/it profusely.
    “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

    --Benjamin Franklin

    Comment


    • #3
      thanks for the prompt response.

      Wouldn't the 3rd party that does the payroll be liable? Since no one replied back and they obviously knew about the error and did not tell me until 9 days later, after I thanked them and they replied back via email saying ok and not saying anything about the error until 9 days later, leading me to believe that it was intended, now I am in the hole and I/family will not be able to survive another month before I get another paycheck, since I spent more money that I would otherwise have spent. Also , they then recanted their agreement to the moving expenses. Isn't there a law to protect me in these kind of situations. Just like if a bank made a mistake on your account?

      Comment


      • #4
        Originally posted by chm0dvii View Post
        Wouldn't the 3rd party that does the payroll be liable?
        No. The 3rd party only issues a paycheck if the employer directs them to.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          But according to my employer they stated 0 hours on the form and the 3rd company has admitted the mistake on their part. ?

          thanks

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          • #6
            It doesn't make any difference. You got money you didn't earn and spent it.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Originally posted by chm0dvii View Post
              thanks for the prompt response.

              Wouldn't the 3rd party that does the payroll be liable? Since no one replied back and they obviously knew about the error and did not tell me until 9 days later, after I thanked them and they replied back via email saying ok and not saying anything about the error until 9 days later, leading me to believe that it was intended, now I am in the hole and I/family will not be able to survive another month before I get another paycheck, since I spent more money that I would otherwise have spent. Also , they then recanted their agreement to the moving expenses. Isn't there a law to protect me in these kind of situations. Just like if a bank made a mistake on your account?
              What if you overpaid a store for merchandise, wouldn't you expect them to refund you the difference or do they get to keep under your senerio?
              Somedays you're the windshield and somedays you're the bug.

              Comment


              • #8
                It doesn't matter whose mistake it was; you don't have a legal right under the law to money you did not earn. There isn't any law anywhere that says if you are accidently issued a paycheck you are not entitled to, you get to keep it as long as it was someone else's mistake.
                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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                • #9
                  I'm not talking about ethics here, I am talking about the law. The law does not care about ethics and neither do banks! The bottom line is only technicalities.

                  I am a highly paid professional, and it is not uncommon to get offered these kind of amenities like moving expenses and have from other companies. This is not about my employer though.


                  If it were the other way around, I would have no chance, I am only a citizen with no rights. If I get some misc charge on my bank, which I have before, I cannot prove I didn't authorize it, do you think the bank cares ? NO!

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                  • #10
                    The point is not about the paycheck but a company that has access to my account, if were the other way around, and they withdrew too much money, I would not have a chance I could not simply reverse the charge, I would have to fight tooth and nail!

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                    • #11
                      The bottom line was that I thought the money was for me, therefore spending it. I did not do anything dishonest since I thought it was for me and never claimed anything else. My employer knows that also, because I contacted them the same day via email which is the preferred method, telling them that I dot a deposit. I did not hear anything back until 9 days later, it would be different if someone said something the same day.

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                      • #12
                        You said you weren't expecting a paycheck. You said you knew you weren't DUE a paycheck at that time. You ASSUMED that the "paycheck" was for moving expenses; nobody responded differently, but nobody confirmed that either. No matter how you slice this, you are not legally entitled to keep the money.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          Also it is not out of the ordinary for companies to go ahead and start you on salary the same pay period on the first week you start. My last job gave me a paycheck on the payday of the first week even though I had just started working and it was for the previous two weeks. They went ahead and just added me to the payroll. This is not expected or law, but it is not uncommon. My point there is no proof that I knew it was not my money, and it was on the contrary, causing me to go home to my Wife and say, " Hey we have some extra money now let's write these bills out now!" and days going by without any notice if a mistake.

                          Do you think a store clerk would give me money back if I realized I overpaid on and item meaning I gave them a $50 dollar bill instead of a $20 after 9 days had passed? NO, they would say "Hey why didn't you tell me right away. Your $#@! out of luck. There isn't any proof that you didn't know!"

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                          • #14
                            Originally posted by Pattymd View Post
                            You said you weren't expecting a paycheck. You said you knew you weren't DUE a paycheck at that time. You ASSUMED that the "paycheck" was for moving expenses; nobody responded differently, but nobody confirmed that either. No matter how you slice this, you are not legally entitled to keep the money.
                            Sure they did, the secretary responded by saying "No problem. Oh and if they took out too much taxes here is another w-4 for this pay period" in the email.

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                            • #15
                              I'm not talking about ethics either. Whether you realized it was a mistake at the time or not is immaterial. You realize it now, and you do not have ANY legal right to keep the money. There is NOTHING in the law that grants you the right to keep money you did not earn and that was issued to you in error.
                              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

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