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I quit work - still been paid - advice?

Discussion in 'The Pub' at netrider.net.au started by weneedhiddenposting, Mar 25, 2011.

  1. Hello;

    I have created a new account and if admin can please delete once this thread and finished that would be great. If you feel the need to delete now I'll just say I really need to ask advice of many knowledged individuals on this site and NetRider doesn't have an annoymous posting opition like some other forums, eg; aussiestreetbikes. Could we look into that one day?

    But enough of that.

    I effectively resigned / took leave without pay several months ago. My remaining leave pay was due to be paid out in the next months pay cycle (monthly pay) and I thought I was to receive $3000. I received $3500. At that time I thought I just miscalulated my remaining leave. What is slightly od, is my monthly pay cheque was a touch over that amount normally, something like $3567 or something.

    Then, the next month, when nothing should of been due, I was paid another $1500. I figured I really miscalulatored my leave hours and didn't give it too much thought and just had a happy smile on. The description in my NetBank on the $1500 was different to all the normal pay's I've had previously from this company, so I figured it was a manual entry from someone in pay/HR and thought that was it.



    The following 2 months nothing came through so I never thought any more of it again.

    This month I received $1400, again, with a strange pay description like the $1500 pay description.


    Now, do I tell my work and possiably have to pay it back? Because simply I don't have the first $1500 to pay - I've spent it. Do I just leave it and hope they don't notice? (global company with pay managed by a seperate company for Australia). What is my legal standing? Can they ask for it back?

    Now I offically took leave without pay - but the only difference between LWOP and Resigning is; nothing - one just pisses off your boss and one keeps your email open. Actual benifits and leave pay outs are identical.


    Anyone have any advice on this?

    Thanks in advance (in case this account is closed).


    Side note; I don't like my old company, and I don't even intend on returning - if that makes any difference - probably not legally.
     
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  2. Another note;

    The reason I posted hidden was because 3 employee's from my company read this site and they know my normal username.
     
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  3. Of course there are legal avenues for a company to reclaim money incorrectly paid to an ex/employee. You could pocket it and act dumb if/when the time comes they demand it back, at which point you will likely be best off returning it.
    Maybe they will never find out? Maybe they will? The books get balanced at least at tax time (usually more often) and everything down to the cent shows up on the electronic paper trail.
    I think most everyone here understands financial hardship and spending more money then you actually have, and maybe im too honest for my own good, but id give them a ring and let them know.
     
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  4. Is this true? I know it isn't for at least one government deparrtment

    and if you didn't like the job, why did you not formally resign when you took LWP instead?

    Sounds like you need some legal advice, but morally, the money wasn't/isn't yours and of course you should pay it back, and make sure they don't do it again, which might mean TALKING TO THEM!!!!!! (Which, of course, you should have done in the first place).
     
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  5. I believe that regardless of intent this sort of thing is classified as " obtaining benefit by deception" IF you know the money is not due to you and you spend/keep it without letting them know.
     
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  6. Advise them of what has occurred, moral arguments aside, this could potentially bite you on the arse.
     
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  7. Weigh up the options. 1. call them, all over in 5 minutes. 2. keep argonising about it, weeks and weeks. I'd take the 5 minutes. my 2 cents
     
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  8. What they said...
    Same as with the commonweath bank a few weeks ago ,the ATM was letting people over draw their accounts by $1000's.
    People where charged with the above offence for taking just a $1000.
     
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  9. I'd be finding a new job to replace the $1500 and I wouldn't be touching the $1400 till I called them, don't make it worse for yourself bud, money is evil
     
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  10. By the sounds of it if you contact them now you're going to have to pay back what you have spent, but if you don't contact them - you'll end up having to pay back more (potentially). Yikes.. can you post when something else happens? I'm curious to hear how this pans out.
     
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  11. One simple philosophy I believe in:

    Keep what is yours, hand back what is not....
    Finders keepers only applies to something that never had an owner in the first place...

    Good luck with it all as these things can sometimes get complicated..
     
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  12. Check your work contract carefully, Check your payrate, It MAY (wishfull thinking) be because you were underpaid and this is their catchup.
     
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  13. Being a global company with quite possibly hundreds (thousands??) of employees you may get away with it. That said, there is a paper trail for everything. If someone picks up on it you will more then likely have to pay the money back.

    I don't know about the company you work for, but the one I work for has auditors come in every 6-12 months and go over everything (especially pays, debtors and creditors, etc) with a microscope. These people (about 3-4 of them) spend anywhere from 1 to 2 weeks and will find and track down where a missing $1 went never mind $1500.

    I don't know if I could take the risk personally because if they did find out and asked for the money back, I wouldn't be able to pay it back, at least not without creating some financial difficulties for myself. With that in mind, as hard as it may be, I'd be telling them ASAP.
     
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  14. Tell them you need a pay slip for the last 2 payments..
     
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  15. I think you know what to do.....If you decided to hold onto the cash then it could open up a whole can of worms, the company may find out and come after you via legal proceedings. Your name could be dragged through the mud getting to future employers etc, If someone malicious wants to harm your reputation it's pretty bloody easy to do. Facebook, blogs, forums etc etc... BUT if you decide to come clean, it may benefit you in other ways, You'll be seen as an honest dude, and you wouldn't have burnt your bridge. You may find you're also left with a warm fuzzy feeling inside.. Your choice in the end mate...don't procerastinate too long or it'll start eating at you..
     
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  16. At the VERY least, put a stop to this before the amount becomes big enough to justify legal action to recover it! It's their stuff up, and their responsibilty to clean it up, and you don't have to do the work for them. But if you don't act now you will be held accountable for allowing it to continue.
     
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  17. Irrespective (or irregardless if you're a sopranos fan) of whether you'll get caught out, the money may not be yours, I would give them a call to clarify, it's the only way to know for sure.

    You may get lucky, it may actually be your money, who knows...
     
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  18. When I left a large national Retailer, they paid out my Wages/Holiday 5 times over a period of 4 pay cycles (so I got a final Pay Cheque on my last day, and then 4 more direct deposits into my Bank Account)

    I started my new job within a week of leaving this particular company, so I wasn't short of cash, so I figured the money wasn't mine, but I'm not giving it back until they ask me for it, so I placed the Money in a high interest savings account and left it there, in case they came asking for it.
    Weeks and months went by, no one came for it, Tax time rolls around, Group Certs come out, not declared on there, in the mean time the money is sitting in this account earning about interest. so we just kept throwing more money in on top of it, left it sitting there, and after 11 years, we just used that account to pay for a deposit on a house.

    Still amazes me though, that that amount of money (a few Grand) could go missing and no one would bother to chase it up, or notice it missing. but I figure after nearly 12 years, I think they have given up.
     
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  19. My first thoughts were keep it, free money who can complain about that. But then I remembered similar things happening to me (I was overpayed about $5000) I was instantly on the phone to them to sort it out. Dishonest money really isn't that nice to have.

    I'd call them, if you have to pay it back then I'm sure given your honest approach they are not going to demand it instantly and they will give you time to pay it back given the circumstances.
     
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  20. Quite a few years ago my wife was on extended sick leave then took a resignation package.
    She was getting payslips as per usual at that time but what they failed to do was inform her that her sick leave had run out and what they SHOULD have done was deduct the money they overpaid her after she took her resignation package.
    2 years later they contacted us under subpoena to pay the money back.
    Being a commonwealth organisation we paid back the money they overpaid but not before making their lawyers feel like chumps over the hardship their clients put us through through THEIR lack of action.
    We received a very nice letter of apology from the department but the law being the law we still paid back the amount owing.
     
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