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  1. #1
    Join Date
    Apr 2007
    Posts
    6

    Default Overpaid After Termination - Consequences Of Keeping The Paycheck

    OK, the story in short (or I'll try to keep it short). I was terminated from a place of business in November 2006. With my last paycheck, they accidentally direct deposited it and gave me a paper check(paying me twice). They discovered their error and called to try to get it back. Being that I was recently terminated and could use the money I told them that it was already spent and I would pay it back over time (I agree it was wrong on my part). Within a couple weeks they had already filed it in small claims court. I was never served the paperwork and therefore didn't show up. They also did not show up. When I checked on the case it was listed as "Case Close - No one Appeared". I've also been getting unemployment since being terminated. I have also been working a side job while getting unemployment (but I HAVE been claiming the wages I have earned, thereby reducing my unemployment benefits).

    The issue at hand is that my former employer filed a grievence with the Unemployment office stating that I was working and earning money. In order to continue being paid my benefits I have to fill out a redetermination form and they told me it will talk several weeks for the finding. I am confident that they will find in my favor due to me claiming all my wages, but I really can't afford to wait over a month to keep receiving the benefits.

    I called my former employer to try and be civil with them and explain that I have been claiming the wages and have done nothing deceiving. Hopefully to have them withdraw the grievence. What he basically said was if I signed something to payback the double payment that he would call the Unemployment office and withdraw it.

    My first question is, can they still take the double payment to court, being that they already did once and never served the paperwork or showed up to the hearing?

    Secondly if I decide to fill out the form and wait the several weeks for the determination, is there anything open on my side to take my former employer to court for defamation or slander? In addition to saying if I paid the amount they would drop the greivence, they've also called up to my current employer "several times"(in his own words), and asked "if I was working" "when do I work" "how often do I work there" etc... Somehow they also found out where I live (even though it's not my permanent address, just somewhere I'm staying for now). It just seems somehow illegal to say "If you pay back this amount, we'll drop the greivence" because they know it has no basis.

    Thanks in advance for any help. I tried to keep it short, but there were a lot of details.

    Thanks,
    Kevin in Michigan.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Overpaid After Termination - Consequences Of Keeping The Paycheck

    I don't know; somehow I don't think that someone who took money they didn't earn and had no right to and failed to pay it back, is in a very good position to be judging other people's potential legal failings.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overpaid After Termination - Consequences Of Keeping The Paycheck

    Are you sure they called up Unemployment and said, "He got another paycheck from us that he didn't tell you about," as opposed to, "Did he tell you he got a new job"?

  4. #4
    Join Date
    Apr 2007
    Posts
    6

    Default Re: Overpaid After Termination - Consequences Of Keeping The Paycheck

    Quote Quoting Mr. Knowitall
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    Are you sure they called up Unemployment and said, "He got another paycheck from us that he didn't tell you about," as opposed to, "Did he tell you he got a new job"?
    Yes, positive. I talked with someone in the unemployment office and they said that there statement was that "I was working at Company A and getting paid under the table, and I was also living with the owners" The person at the unemployment office said it doesn't matter who I'm living with (I was paying rent regardless), and that I was claiming the unemployment so the only way that I would be in the wrong, was if they could prove I wasn't claiming enough wages (I was claiming them in full).

    To reply to the first person, I didn't give all the circumstances on which I kept it, they also owed me a couple hundred dollars in petty cash purchases that I was confident they wouldn't pay me, so I was waiting on the court date to show evidence of that and have the amount owed reduced.

    Thanks again

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overpaid After Termination - Consequences Of Keeping The Paycheck

    If you're presently working, on what basis would your unemployment benefits be reinstated?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Overpaid After Termination - Consequences Of Keeping The Paycheck

    Didn't your mother ever tell you, two wrongs don't make a right?

  7. #7
    Join Date
    Apr 2007
    Posts
    6

    Default Re: Overpaid After Termination - Consequences Of Keeping The Paycheck

    Quote Quoting Mr. Knowitall
    View Post
    If you're presently working, on what basis would your unemployment benefits be reinstated?
    I don't know about other states, but in Michigan you can still have a job while you get unemployment as long as it's not a full time job. All you have to do is claim your wages while you are calling to certify your unemployment and you still get unemployment benefits (just at a reduced amount). They consider it "underemployed"

    For example: If my weekly benefits are $400 and I claim $100 in wages for the week, my unemployment benefits would be reduced to something around $350 for that week.

    http://www.michigan.gov/documents/ui...sh_76381_7.pdf
    see page 2 under "Receiving Unemployment Benefits While Working"

  8. #8
    Join Date
    Apr 2007
    Posts
    6

    Default Re: Overpaid After Termination - Consequences Of Keeping The Paycheck

    Quote Quoting cbg
    View Post
    Didn't your mother ever tell you, two wrongs don't make a right?
    I don't see the 2 wrongs here, they overpaid me and want me to pay them back the full amount and not give me what they owe me, am I wrong in thinking that THIS is what the court systems and arbitration is for, to make a final decision on the exact amount owed?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Overpaid After Termination - Consequences Of Keeping The Paycheck

    If you can't see that keeping money that does not belong to you and was not earned is just as bad as what you claim they are doing, then there's no point in my responding to this thread any further.

    BTW, the only state in which an employer has any LEGAL obligation to repay personal expenses is California.

  10. #10
    Join Date
    Apr 2007
    Posts
    6

    Default Re: Overpaid After Termination - Consequences Of Keeping The Paycheck

    [QUOTE=cbg;96479]If you can't see that keeping money that does not belong to you and was not earned is just as bad as what you claim they are doing, then there's no point in my responding to this thread any further.

    I see where I was wrong, I put that in my original post, that doesn't take away from them still owing me money as well. I was unaware that they are not responsible for personal expenses. I assume with their company policy that they would have been found responsible for it though. The expenses were not for personal use, they were for equipment rentals used at the business. If the office was not open to issue a check from the rentals we were told to use our own money and they would issue a check for the amount with the next paycheck.

    If you say that me keeping the money was just as wrong, it's similar to not paying rent when a landlord is not fixing something that needs repair. It may not seem right not to pay the rent, but you do have a legal right to withhold there money until the repairs are made. Now, I'm not a lawyer (that's why I'm here asking advise) so bear with me if I'm wrong on a few issues, I was just trying to use any leverage I had.

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