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Lucky Tiger13 
LSU Fan
Baton Rouge
Member since May 2012
201 posts
| Company pay after quitting (Posted on 12/7/12 at 8:38 am)
Hey guys, don't really post here but have a read a lot. Figured someone here would have the answer. Found out that the company my sister works for through error had been paying a previous employee.
The employee quit with no 2 week notice and almost immediately started working for another company. However, I'm assuming what was an HR mistake allowed her to receive her normal salary for 6 pay periods!!!
Question is... is the past employee responsible for returning all of the money? Logically, I think yes, but my sister thinks since it took so long and was an error on HR's part she might not. The total was a little more than 15k.
tl;dr version
employee quit and kept getting salary for 6 pay periods. does she have to pay it back?
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OnTheBrink 
Alabama Fan
TN
Member since Mar 2012
1815 posts
| re: Company pay after quitting (Posted on 12/7/12 at 8:51 am to Lucky Tiger13)
quote:
does she have to pay it back?
Yes.
If the bank makes an error in your favor, they will catch it and correct it. IMO, same thing applies here.
BTW, how the hell does an employee get paid 6 times before someone realize he is no longer employed? 
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C
LSU Fan
The Woodlands, TX
Member since Dec 2007
17410 posts
| re: Company pay after quitting (Posted on 12/7/12 at 8:53 am to Lucky Tiger13)
quote:
The total was a little more than 15k.
Yeah whoever made that mistake needs to correct it and get the money back.
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LSUAfro
LSU Fan
Baton Rouge
Member since Aug 2005
8622 posts
| re: Company pay after quitting (Posted on 12/7/12 at 8:53 am to Lucky Tiger13)
quote:
. does she have to pay it back?
TL;DR version.
Yes
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Will Cover 
Nebraska Fan
Colorado
Member since Mar 2007
22457 posts
| re: Company pay after quitting (Posted on 12/7/12 at 8:54 am to Lucky Tiger13)
quote:
employee quit and kept getting salary for 6 pay periods. does she have to pay it back?
Did "your sister" have a lot of vacation time accrued that they paid her for?
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Lucky Tiger13
LSU Fan
Baton Rouge
Member since May 2012
201 posts
| re: Company pay after quitting (Posted on 12/7/12 at 8:56 am to Will Cover)
Lol no... The person didn't. I know with internet anonymity it might seem like a cover for her, but honestly if it was, I would be asking about how much jail time she will be looking at cause I know she doesnt have 15k sitting around.
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OnTheBrink
Alabama Fan
TN
Member since Mar 2012
1815 posts
| re: Company pay after quitting (Posted on 12/7/12 at 8:56 am to Will Cover)
quote:
Did "your sister" have a lot of vacation time accrued that they paid her for?
I thought about that, but in my experience, the employee will get the lump sum in the final paycheck, not paid out over 6 pay periods.
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Will Cover
Nebraska Fan
Colorado
Member since Mar 2007
22457 posts
| re: Company pay after quitting (Posted on 12/7/12 at 9:17 am to OnTheBrink)
quote:
but in my experience, the employee will get the lump sum in the final paycheck, not paid out over 6 pay periods.
Usually this is the case, but a company that is strapped for cash and isn't tight on HR could do this.
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LSURussian
LSU Fan
Baton Rouge
Member since Feb 2005
63211 posts
| re: Company pay after quitting (Posted on 12/7/12 at 11:02 am to Lucky Tiger13)
quote:
is the past employee responsible for returning all of the money?
Yes. In effect, the employee participated in fraud by not reporting the error immediately.
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Dan
LSU Fan
New Orleans
Member since Dec 2006
2068 posts
| re: Company pay after quitting (Posted on 12/7/12 at 12:28 pm to Lucky Tiger13)
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Lucky Tiger13
LSU Fan
Baton Rouge
Member since May 2012
201 posts
| re: Company pay after quitting (Posted on 12/7/12 at 2:51 pm to Dan)
So I've been passing this story around my office today and one guy stated that she could just claim that she understood it to be part of a severance pay or even as a gift. I'm still convinced it's all gonna have to be paid back and am leaning towards fraud charges possibly.
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LSUAfro
LSU Fan
Baton Rouge
Member since Aug 2005
8622 posts
| re: Company pay after quitting (Posted on 12/7/12 at 2:57 pm to Lucky Tiger13)
quote:
I'm still convinced it's all gonna have to be paid back and am leaning towards fraud charges possibly.
It will undoubtedly have to be paid back if the error is caught, but fraud charges are unlikely as the company will more than likely just want their money back.
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AngryBeavers
LSU Fan
Member since Jun 2012
1597 posts
| re: Company pay after quitting (Posted on 12/7/12 at 4:39 pm to Lucky Tiger13)
Spin off question: If you hand in your 2 week notice and they tell you to go home and not work the 2 weeks are the legally obligated to pay you for those 2 weeks since you gave notice?
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LSUAfro
LSU Fan
Baton Rouge
Member since Aug 2005
8622 posts
| re: Company pay after quitting (Posted on 12/7/12 at 4:57 pm to AngryBeavers)
No.
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LSURussian
LSU Fan
Baton Rouge
Member since Feb 2005
63211 posts
| re: Company pay after quitting (Posted on 12/7/12 at 4:57 pm to AngryBeavers)
No.
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matthew25 
Ole Miss Fan
Member since Jun 2012
1529 posts
| re: Company pay after quitting (Posted on 12/7/12 at 7:03 pm to LSURussian)
No pay is owed, but the employee may have a claim for unemployment benefits.
To the OP, did the supervisor notify payroll/HR?
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GFunk
LSU Fan
Denham Springs
Member since Feb 2011
7643 posts
| re: Company pay after quitting (Posted on 12/7/12 at 10:08 pm to AngryBeavers)
quote:
AngryBeavers
quote:
Spin off question: If you hand in your 2 week notice and they tell you to go home and not work the 2 weeks are the legally obligated to pay you for those 2 weeks since you gave notice?
No. However they terminated you at their leisure even though you properly notified them of your intent to resign. This allows you the ability to collect UI benefits provided you are otherwise eligible per Louisiana Employment Security Law.
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peopleschamp 
Xavier Fan
Baton Rouge
Member since Feb 2006
5430 posts
| re: Company pay after quitting (Posted on 12/8/12 at 9:12 am to OnTheBrink)
A long time ago I was working for the government. I got a $1500 direct deposit that wasn't part of my normal pay. A bunch of other people got the same payment just like me and it was some kind of error. I made sure I didn't spend that money but many people did. The money was taken out of my account about a year later. Those other people had to pay it back. I assume their checks were garnished for a while. That's when 1500 was a good amount of money.
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