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Started By
Message
Company pay after quitting
Posted on 12/7/12 at 8:38 am
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?
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?
7
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?
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.
Posted on 12/7/12 at 8:53 am to Lucky Tiger13
quote:
. does she have to pay it back?
TL;DR version.
Yes
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?
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.
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.
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.
Posted on 12/7/12 at 11:02 am to Lucky Tiger13
quote:Yes. In effect, the employee participated in fraud by not reporting the error immediately.
is the past employee responsible for returning all of the money?
Posted on 12/7/12 at 12:28 pm to Lucky Tiger13
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.
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.
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?
Posted on 12/7/12 at 4:57 pm to AngryBeavers
No.
Posted on 12/7/12 at 4:57 pm to AngryBeavers
No.
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?
To the OP, did the supervisor notify payroll/HR?
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.
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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