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Overpayment

  • 27-09-2006 12:05am
    #1
    cunnins4
    Closed Accounts Posts: 882 ✭✭✭


    What would happen if I quit my job, but i got paid most of my salary for the month, but wasn't due 95% of it - I don't tell them, and then they want it back. Needless to say i would have spent it all. Could they bring me to court? And if so, does anyone think they would bother?


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Well, what do you think?

    You're not due to receive that much money, you receive it, they say, "oh, we have made a mistake, give us back our money", and you say...


  • #3
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Even if someone hands cash to you, it's not your cash unless they intended giving it to you. In this case, you can't keep the overpayment. If the person in said scenario had indeed quit, they could generate muchos kudos and an improved reference by contacting their boss, explaining what happened and asking who to send the cheque back to...


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    If you induced them to overpay you you would be liable for fraud, else it would be covered either by implied agreement or the law of restitution (the law against unjust enrichment). An example of this applying is when a bank mistakenly credits a customers account and they withdraw the cash.


  • #5
    cunnins4
    Closed Accounts Posts: 882 ✭✭✭cunnins4


    ok, i understand that i wouldn't have a leg to stand on really. But would they go to all the bother of legal proceedings to get the money back? It wouldn't be that much <2k, i would have most of it to pay it back if i really had to, but i wouldn't be in a very good financial position if i had to.


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