Guest Vitamin X Report post Posted May 17, 2004 OK, here's the situation: I had a job at Summerfield Suites by Wyndham International, worked there for about a week and I left on good terms because apparently it was not made clear in the interview that they couldn't be flexible with their schedules around my schooling. Blah. Whatever. Point was they owed me a paycheck and I needed to pay some bills, and 2 weeks after pay period, they had alternating excuses between "the check didn't process" and "It's in the mail and it's on it's way". Both of which were outright lies since when they told me the check didn't process after it was confirmed to be in the mail, that made absolutely no sense at all and so I contact the US Department of Labor to file a complaint 2 Fridays ago. On Friday I finally fucking received my meager paycheck and deposited it into my account, but I hadn't told the Labor Department until they called me this morning to check if I got my check, since they're only open Monday-Friday and I didn't find out till Saturday morning. So just right now my old manager from Summerfield Suites calls me and apologizes for the whole hassle with my paycheck and tells me that he has it right there and I can go pick it up if I want to. I pause for a second wondering what the fuck I already received my paycheck, but mentioned I had something to do and asked that he would send it instead, and he agreed. So, if I do receive this second paycheck which is a total fuck-up on their part, am I legally bound to not cash it since I technically didn't earn it, or is a check that's written out as good as written and they have to acknowledge they fucked up and aren't getting their money back? Now this is a fun situation. Share this post Link to post Share on other sites
OldSchoolWrestling 0 Report post Posted May 17, 2004 When I left a company a few years ago I was on a direct deposit thing and when you leave they have to give you a manual check. The following pay period after I had left I got a direct deposit. I knew it wasn't mine but didn't care. They sent me a few letters saying i'd go to collections blah blah blah, but they never followed up on it. So I kept it. Had they actually gone through collections I would have paid the collection agency immediately to not get it put on my record, but they probably realized it would be easier to just write it off so I kept it. Share this post Link to post Share on other sites
Guest Vitamin X Report post Posted May 17, 2004 But see the question I have is if they could legally do anything to cover their ass by fucking up should they happen to send me a check they wrote out to me and were careless enough not to stop payment on it? Share this post Link to post Share on other sites
Firestarter 0 Report post Posted May 17, 2004 But see the question I have is if they could legally do anything to cover their ass Yep. People have had the IRS send them millions by mistake, and they've tried to run off with it, but they've always been caught. Cashing a cheque you're not entitled to is fraud; it doesn't matter if the person/company/government department fucked up or not. Share this post Link to post Share on other sites
Guest Vitamin X Report post Posted May 17, 2004 How is it fraud since I was entitled to it, but it was merely sent it twice? Wouldn't it be the responsibility of the employer to ensure that they issue a stop payment on it or take responsibility for their actions? And a poorly run corporation is surely different from the US government.... Share this post Link to post Share on other sites
kkktookmybabyaway 0 Report post Posted May 17, 2004 Do what you want, X. I'll be waiting with glee for your thread bitching about having to pay back one of those checks... Share this post Link to post Share on other sites
Your Paragon of Virtue 0 Report post Posted May 17, 2004 If you tell him that you already got the check, maybe he'll just be a nice guy and let you keep it. At least that's what grocery store workers do. I'm sure this works the same way. Share this post Link to post Share on other sites
kkktookmybabyaway 0 Report post Posted May 17, 2004 I wouldn't count on it. Years ago while listening Bruce Williams' radio show (people too cheap to get legal help call him up asking for advice, and his answer is most of the time to get a lawyer -- go figure) this lady called up and said she got a check from some bank in the mail one day. Well, she cashed it and spent all the money. Now the bank wants that money back. Bruce's advice to her: Nothing. He laughed at her (or at least did off the air...) Share this post Link to post Share on other sites
Guest Vitamin X Report post Posted May 17, 2004 Do what you want, X. I'll be waiting with glee for your thread bitching about having to pay back one of those checks... I don't think it would be worth starting a thread over, especially since the check is roughly $168. Share this post Link to post Share on other sites
Firestarter 0 Report post Posted May 17, 2004 How is it fraud since I was entitled to it, but it was merely sent it twice? You weren't entitled to it twice. Wouldn't it be the responsibility of the employer to ensure that they issue a stop payment on it or take responsibility for their actions? A guy can leave his car unlocked, with the key in the ignition and the motor running, but if you jump into it and drive off it's still theft. Sure the cops might have a good laugh at his expense, but in the end you'd still be the one going to jail, not him. And a poorly run corporation is surely different from the US government ... I got nothin' here. Share this post Link to post Share on other sites
Guest pinnacleofallthingsmanly Report post Posted May 18, 2004 How is it fraud since I was entitled to it, but it was merely sent it twice? You weren't entitled to it twice. Wouldn't it be the responsibility of the employer to ensure that they issue a stop payment on it or take responsibility for their actions? A guy can leave his car unlocked, with the key in the ignition and the motor running, but if you jump into it and drive off it's still theft. Sure the cops might have a good laugh at his expense, but in the end you'd still be the one going to jail, not him. And a poorly run corporation is surely different from the US government ... I got nothin' here. I'm not saying that I agree or disagree with you but I think that car analogy is kind of far-fetched. Share this post Link to post Share on other sites
Perfxion 0 Report post Posted May 18, 2004 Car is dead on. Both are stealing in a sense. The person should go to them and tell they got the check twice. Once you get a single paycheck, both deals are done. The second you get another, it is fraud if you cash it, unless you cash it as soon as you get it and then turn around and give them money back so they don't contact legal. Major comps like Pitney Bowes has done this, small mom and pop stores done this, the IRS has done this, it is human error. But it is illegal to profit off the mistakes of someone in payroll. Share this post Link to post Share on other sites
Guest Agent of Oblivion Report post Posted May 18, 2004 It's found money. What are they going to do, beat you up? Cash it and blow it. Share this post Link to post Share on other sites
Guest Vitamin X Report post Posted May 18, 2004 Well they won't necessarily beat me up I'm just curious as to what law I'm exactly breaking by doing this... Marney thought embezzlement and it seems to make sense but I want to actually make sure. Share this post Link to post Share on other sites
Guest Agent of Oblivion Report post Posted May 18, 2004 This is a hotel, right? and a week's pay? the worst they'll do is send you a thing saying "Hey asshole, give us our money back." At which point you can either do that or tell them to eat shit, and go from there. There's a chance they won't even notice, or care. Why not capitalize before it's too late? Share this post Link to post Share on other sites
Guest pinnacleofallthingsmanly Report post Posted May 18, 2004 Car is dead on. Both are stealing in a sense. The person should go to them and tell they got the check twice. Once you get a single paycheck, both deals are done. The second you get another, it is fraud if you cash it, unless you cash it as soon as you get it and then turn around and give them money back so they don't contact legal. Major comps like Pitney Bowes has done this, small mom and pop stores done this, the IRS has done this, it is human error. But it is illegal to profit off the mistakes of someone in payroll. The only way that it's dead on is if you happen to already own that same exact car and try to say that you thought it was yours. Share this post Link to post Share on other sites
OldSchoolWrestling 0 Report post Posted May 18, 2004 If they wanted to, they could send you to collections and put it on your credit report. As with my first post above, they can determine that they don't want to hassle it and leave it be, and since you say its less than $200 I don't think they'd want to hire an agency to do it and will just write it off once they find their mistake. Share this post Link to post Share on other sites
Guest Vitamin X Report post Posted May 18, 2004 I confirmed with a friend of mine that it is not possible that it can go on your credit report. I remember working at Blockbuster that many companies will just send you letters from credit agencies to scare you into paying, but they won't actually do it, since there's absolutely nothing on the membership agreement stating that, nor is there any kind of law or contract thus far that I've seen so far with this particular employment situation, though I feel it is illegal I haven't seen the actual LAW to charge me with yet, so let's see if I get this paycheck now. Thanks to all especially Agent who gave me the inspiration for my future retaliatory comment if they want to pursue the week's pay. This is a hotel, right? and a week's pay? the worst they'll do is send you a thing saying "Hey asshole, give us our money back." At which point you can either do that or tell them to eat shit, and go from there. There's a chance they won't even notice, or care. Why not capitalize before it's too late? Share this post Link to post Share on other sites
Damaramu 0 Report post Posted May 19, 2004 Ah stealing......I expected no less from a fan of the Lakers.......Kobe's a thug so his fans should be as well. Anyways all joking aside. I wouldn't advise keeping the money. It's to much hassle plus you could be you know an honest and decent person and return it to them and point out the mistake. Ever think of that? Share this post Link to post Share on other sites
EricMM 0 Report post Posted May 19, 2004 You're a thief now. Criminal. Don't you have any scruples? You're almost as bad as the guy that stole my bike two days after my birthday. My new birthday bike That I got because my old one was crushed by a car :( LAST WEEK! FUCK ALL THIEVES!!!!!!!!!! Share this post Link to post Share on other sites
NoCalMike 0 Report post Posted May 19, 2004 Check to see if you had any vacation and/or sick time accured for your work put in there. A lot of the time HR departments lag on sending you the check for that stuff when you quit a job. Share this post Link to post Share on other sites
Slayer 0 Report post Posted May 19, 2004 You're almost as bad as the guy that stole my bike two days after my birthday. My new birthday bike That I got because my old one was crushed by a car :( LAST WEEK! That bike had a flat tire and no chain. I've stolen better bikes, cheap bastard... I mean, umm... I hope you find that guy Share this post Link to post Share on other sites
Guest Agent of Oblivion Report post Posted May 19, 2004 You're a thief now. Criminal. Don't you have any scruples? You're almost as bad as the guy that stole my bike two days after my birthday. My new birthday bike That I got because my old one was crushed by a car :( LAST WEEK! FUCK ALL THIEVES!!!!!!!!!! It's not thieves, it's god telling you to drive. Do it Eric. Burn some gas. Vroom vroom. Share this post Link to post Share on other sites
Guest Agent of Oblivion Report post Posted May 19, 2004 Check to see if you had any vacation and/or sick time accured for your work put in there. A lot of the time HR departments lag on sending you the check for that stuff when you quit a job. No, don't do that either. Don't question them. You just screwed over a shit job without trying, VX. Take the money and run. You've already won, now celebrate. Take a celebratory lap around town with you new free tank of gas. C'mon, for Eric's sake.. Share this post Link to post Share on other sites
