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You get laid off and you cont to get cks for 4wks what actions could company take if you don't give them back?
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You get laid off and you cont to get cks for 4wks what actions could company take if you don't give them back?

Laid off through the human resource office and it isn't sent to corporate payroll office until the monthly payroll reports and comp policy was to mail paychecks and the former employee refused to give the extra 4 paychecks back. WHAT ACTIONS SHOULD THE COMPANY, ( I <being the company>)SHOULD I TAKE? ............This is a Payroll Procedures class and this is one of my case problems


federal law does not address "pay-day" issues. most states do have pay-day laws there are some differences in those laws but most consider a mistake in pay as recoverable form the employee in the next normal pay period. since there is not pay to recover from the employee the company would have to recoup their funds through the legal system if the employee did not freely return them.

accepting the pay knowing it is in error is the same as a bank errantly depositing extra funds in an account and the account holder then spending that deposited money knowing it was an error. the account holder must return the funds and failure to do so is theft, the former employee is in the same position knowing the pay was not owed. generally this would be handled through civil litigation if the former employee did not make restitution immediately but depending on the amount of pay this could result in felony charges for the employee who was laid-off.

the company also needs to address the issue with the responsible person in HR who failed to communicate this info. as most states do not allow the company to recoup their funds from the person who made the error that is most likely not an option but discipline would be in order if policy or procedures were not followed. if HR followed set procedures and did nothing wrong then the company needs to examine their own policies and procedures to prevent this from happening in the future.

The person receiving the checks continued to accept them knowing that they were not entitled to them. Doesn't that count has theft? Charges should be pressed.

Lawsuit for return of stolen property.

Ruby 64
you would have to file a judgement against said employee- how you file depends on the state you live in. Some states may do this through small claims court...

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