Over-paid by work

Hobbes · 30-09-2004 09:27AM

If she didn't earn it, then legally she should return it. Although she could get away by dragging it out (eg. asking for details if it is not apparent its not hers).

Not sure what company it is, but I do know IBM for example have a habit of overpaying people that leave/are let go and come looking for the money back later (sometimes months later).

And as for the theft reference, in that case I can go around my neighbours, throw twenty euro through their letterbox and then accuse them of stealing it? Give me a break.

What if you put it into their letterbox by accident, and then you ask for it back and they refuse?

Borzoi · 30-09-2004 10:11AM

seamus wrote:

There was a thread on something similar a while back, and someone posted up a link which said that yes, she is obliged to give it back.

The temptation is there to keep it and tell them to shove their redundancy up their arse, but if she's taken to court, she'll be taken to the cleaners too.

Right as ever - even though I can't remember the thread either.

The GF has a quasi-contractual obligation to return the money. It's not hers, she knows it's only there as a legitimate mistake. The is obliged to return it.

Unfortunately 'finders keepers' isn't applicable

zag · 30-09-2004 11:11AM

Idbatterim wrote:

And what about the next job if she goes looking for references ect, the could say screw three grand, and paint a bad picture of her, plus im sure the next employer wont fancy having a thief on board!

Ok, the person who worked directly over her, her boss, was let go aswell. She is not giving the money back. So I don't think her reference is going to be bad, but point taken.

Re: Having a thief on board: As logic says below, if he was to shove 20 euros through his neighbours letter box, and then brand them a thief...eh..no.

One thing I forgot to mention, is that for the past six months, the company was developing a drug, so to meet the deadline, my GF and her workmates were doing savage overtime. The company did say that they would compensate at the time, but never did, even when it came to the redundancy package. So, in my eyes, this is justice. Screw all that morally correct sh*te ye keep spouting.

logic1 · 30-09-2004 11:19AM

Hobbes wrote:

If she didn't earn it, then legally she should return it.

Quote the section of Law that states this.

Not sure what company it is, but I do know IBM for example have a habit of overpaying people that leave/are let go and come looking for the money back later (sometimes months later).

Do they always get it back?

What if you put it into their letterbox by accident, and then you ask for it back and they refuse?

Then it's your fault for being an idiot.

.logic.

zt · 30-09-2004 01:30PM

Without a crystal ball, it is difficult to guess what the company will do. However, if they do take a legal action this will be well documented in the future.

Your girlfriend could find it very difficult to find a job in the future if this happens. We all know that lots of companies share informal 'references' about past employees. A story about a court case would be juicy enough to do the rounds for years.

I know that you might be able to justify this now, but you should really consider what happens in the future.

Imagine going to an inteview in ten years time for a senior position and this incident raising its ugly head. Worse again, imagine the potential employer knows half the story but doesn't ask for your girlfriends version.

As for the element of revenge on a s***ty employer, sometimes the best option is just to be a better person.

zag wrote:

Ok, the person who worked directly over her, her boss, was let go aswell. She is not giving the money back. So I don't think her reference is going to be bad, but point taken.

Re: Having a thief on board: As logic says below, if he was to shove 20 euros through his neighbours letter box, and then brand them a thief...eh..no.

One thing I forgot to mention, is that for the past six months, the company was developing a drug, so to meet the deadline, my GF and her workmates were doing savage overtime. The company did say that they would compensate at the time, but never did, even when it came to the redundancy package. So, in my eyes, this is justice. Screw all that morally correct sh*te ye keep spouting.

delly · 30-09-2004 01:57PM

Why not tell the company she has emigrated to Austrailia because she got an unknown deposit in her bank, and in order to make the redundency a little easier, she has made a new start in the outback where phones and/or communication devices are not available.

Sorted.

meepmeep · 30-09-2004 02:37PM

I think she might have got away with it if the accountant hadn't rang her and asked her to pay it back. She could have pleaded ignorance otherwise (which I know is not an excuse but she might have got away with it).

It sounds like they let quite a few people go and if they got overpaid by €3700 each then I would think the company will pull out all the stops to get it back. If they're a small(ish) company they are not gonna let that kinda money go, and if they're a large company (more likely) then I am sure they have lawyers on hand to deal with it.

She should give it back (as hard as thats gonna be), and not because I think its the moral thing to do, but because I think its gonna be too much hassle to keep it. If you keep it, ye'll just be waiting for the phone call or the letter to tell ya they are suing her to give it back. I'd rather have the peace of mind meself.

Hobbes · 30-09-2004 03:25PM

logic1 wrote:

Quote the section of Law that states this.

If money is accidently put into your account you don't magically own it.

Now if the money was part of her final settlement and it wasn't broken out in details that it wasn't hers then she can certainly ask for more details and drag it out, but the final point is that if she doesn't own the money it doesn't automatically become yours.

Do they always get it back?

Yes.

Victor · 02-10-2004 08:51PM

She is morally and legally responsible for giving it back.

Now, having said that, don't rush to give it back.

(a) she should make sure she has the full calculations of redundancy payment, payment in lieu of notice, pay, holiday pay, etc. and that she has been paid in full.

(b) she should make the point "was that not the money we were promised for the overtime"?

(c) that she has a glowing reference in her hand.

(d) she gets to keep, say, 5% for the fuss / paperwork / finders fee.

Over-paid by work

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