Question about employer over-paying me

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Danny Tanner

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Due to a new job I started on Jan 3 of this year, I put in my 2-weeks notice at my previous employer, which is based out of California. They informed me that they would be mailing my final check for my last hours worked and to buy back my unused vacation hours. I received this check before my last day on the job. At that point, they owed me nothing more.

Well, they have always paid me via direct-deposit split across 2 accounts. If I would have stayed working there, Jan 13 would have been my pay day. Well, Jan 13 I received a notice that a direct deposit has been made in my account. I check and see that they've deposited a normal 80 hour pay check into both accounts. I call and tell them and they put in a reversal. Well as soon as the reversal happens there's another deposit for the same thing, in both accounts. So they paid me, reversed it, and paid it again.

Problem is, I had a portion of these paychecks thrown into my "play money" account which is an account I want to close. I spent the account down to $3 and had planned on going into the bank to officially close it out, now there's $XXX + my $3 in this account. My monthly service fee is $5, so when that gets pulled out, I will owe my previous employer $2, which if they ever reverse this, it'll put my account into the negative. The other problem is, I've called them multiple times and have talked with 2 different people and they're not seeing that they've paid me again after reversing their initial over-payment. I've offered to send copies of my bank statement, but they don't really seem to be too concerned about it and have told me they're looking into it.

So, what happens in these situations? Is there a time limit that goes by that makes this money mine? Not necessarily for spending, I know it's not free money for me to steal, but I want to close this account out and now I can't because of this money. So I'm thinking about pulling it out and putting it into the other account they've deposited money into, that way if they ever see what happened they can pull 100% out of 1 account, assuming that doesn't complicate things for them even more or if there are legalities that state they cannot pull out more than they've deposited from one account. I don't want to get into any legal trouble by pulling that money out, closing the account down, and have them come after me for the remaining amount, which I would still have, just not in the account I originally did.

Any tips, advice, ...?
 

Mpdelaney

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I had this happen at my last employer. Not to me, but to one of the managers that worked for me. He received checks directly deposited into his account 3 months after he quit. He was threatened with legal action to return the money. He did, but when I asked if they really had a leg to stand on, I was told that "he knew he no longer worked for us and continued to accept the money anyway". I guess it becomes an ethical choice at some point too.
 

Danny Tanner

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Well I've notified them, but I'm getting the idea that since their system shows nothing, they're assuming I'm a moron that doesn't know how to read a bank statement.

Even if it takes 12 months for them to realize their mistake, the money will still be there, but I don't want to pay $5 a month for an account I don't want just to cover my ass when they decide to reverse their deposit. I also don't want to close out that account and have it appear as I'm trying to steal from them.

I just want to know I'm in my legal right to move this money around.
 

Honeybee

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It is yours to move around as you wish until they ask for it back, now if they try to take it back from a closed account then the bank will just tell them that the account is closed and they will come ask you for it.

Move the money and close the account but save the money for at least 12 months before you consider it yours.

I suggest you put it into an interest bearing account so that you will get something for their mistake.
 

Danny Tanner

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It is yours to move around as you wish until they ask for it back, now if they try to take it back from a closed account then the bank will just tell them that the account is closed and they will come ask you for it.

Move the money and close the account but save the money for at least 12 months before you consider it yours.

I suggest you put it into an interest bearing account so that you will get something for their mistake.

It's there now and will be moved to another. ;)

Thanks!
 

radarmonkey

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Ulitmately I think you will have to pay it back. However, I wouldn't give them anything until they ask for it. Just close the account and be prepared to send them a check for the amount they overpaid you.
 

Shadowrider

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I had this happen at my last employer. Not to me, but to one of the managers that worked for me. He received checks directly deposited into his account 3 months after he quit. He was threatened with legal action to return the money. He did, but when I asked if they really had a leg to stand on, I was told that "he knew he no longer worked for us and continued to accept the money anyway". I guess it becomes an ethical choice at some point too.
So just how was he accepting it when it was the employer depositing it into his account? I don't get it. If they threatened legal action they're retards. They put the money into his account 3 months after termination? Good luck finding him at fault.

DT, it's your account, do with it what you wish. You've done your due diligence. Just hang onto any money you have (that you shouldn't have) to pay back when they pull their head out...
 

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