My former employer who terminated me, is continuing to send me paychecks by mistake.Is it illegal to cashthem?

So my former employer is sending paychecks for dates that I did not work (dates after my termination). They are paying me not for hourly wages, but rather, commission which I always recieved automatically when I was on the payroll. Obviously, human resources has not taken me off the payroll so I will continue to enherit checks for commission. On the day of my termination I signed every dotted line to confirm my unemployment. The checks are in my name and are signed by the employer. Is it my responsibility to let them know they are making a mistake, or am I lawfully allowed to cash the checks?
Additional Details
Also, is them recieving the money back the worst that can happen, because I have no problem putting the money in an untouchable account until they ask for it, but is there a possiblilty that I could do jail time?

michr

depending on how you were paid if there are commissions due they may be yours legally. very often commissioned employees receive payments after separation for commissions earned while employed but yet unpaid at separation. these commissions are for work done prior to the separation. i do not know if that is what is happening in this case but it could be. it is your responsibility to find out if the money is yours. if you cash the checks and they are not yours legally they do have recourse that can include criminal as well as civil litigation. just call and find out if you are due these funds so you will know if you can spend the money.
not knowing the answer is not a defense if the money is not yours and they want it back.............

Inundated in SF

Yea, you have to let them know and you will have to pay them back for any checks you have cashed even though it is their mistake. Make sure they straighten out any tax implications it may mean for you too.

Cynthia D

You do not "inherit" paychecks,you EARN them. To take money you did not earn is theft, no matter how many dotted lines you signed on You have already acknowledged it was by mistake..Call the bookkeeping department and tell them what has been happening. Then return the checks by certified mail, so you have proof they were received (that is called "covering your butt,")

It seems to me from your question that you already know the right thing to do, you are just trying to rationalize the wrong thing!

Good luck on finding a new, better job.

Kerie K

I suggest you call human resources and ask if you are entitled to receive commission after your termination. Don't cash the checks because you could end up being hauled into court later and made to pay everything back. The other option is you could call an attorney and ask them for advice. I have a feeling you are not entitled to keep the money from the commissions that are distributed after your termination date. Good luck :)

average joe

it might be legal but it is definitely unethical to do that... you need to let them know as moral obligation but to be on the safe side, i would let them know just in case they try to get that money back.. The only other thing you could do is put all of that money into an UNTOUCHABLE account and pay the full amount back IF they ask for it.

bull

hopefully there not mistakes and just sevrance pay but i would check so you dont have to repay even though its not your mistake id probably want to keep em to yayaya

mcgeeharley

Only if you get caught!

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