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  1. #1
    Join Date
    Dec 2017
    Posts
    7

    Default Paid by Accident After Leaving a Job

    My question involves business law in the state of Wyoming. I received an additional months paycheck after I had left the company. I did not realize it until my former boss (owner of the company) text messaged me months later and requested I write a check back to him within two weeks. Due to my boss's sketchy financial history (manipulating the system by charging for services that are no given.) I did not send a check. I assumed I would hear from the companies outsourced accountant; which was to no avail, therefore, I never sent a check. The accidental check directly deposited in September, and he emailed me today (January 2019) asking for the money again. Am I obligated to pay it back based simply on his request? What advice do you guys have to give on this situation? I believe blatantly sending the money back would be hell to prove on my taxes and cause an issue.

    Thanks,
    SaltySailor

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Paid on Accident

    Since it's gone into another year, yes, it could cause complications with taxes. Is he asking you to pay back the gross or the net?

  3. #3
    Join Date
    Dec 2017
    Posts
    7

    Default Re: Paid on Accident

    Quote Quoting llworking
    View Post
    Since it's gone into another year, yes, it could cause complications with taxes. Is he asking you to pay back the gross or the net?
    Gross income.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Paid on Accident

    Quote Quoting SaltySailor
    View Post
    Gross income.
    That is what I thought. They should be amending their 941s to get back any withholding that they did. You should be returning no more than the net you received. They should also give you a W2 that does not reflect that extra income or withholding.

    However, I doubt that they intend to do that since they are asking you to pay back the gross.

  5. #5
    Join Date
    Dec 2017
    Posts
    7

    Default Re: Paid on Accident

    So, what is the best thing to do here? It seems the proper process for attaining the money was not followed. Should I file my W-2 and ignore the request? The legal fees would be more than the cost of the check (kind of a double edged sword) also the work put into redoing taxes... Thoughts?

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Paid on Accident

    Quote Quoting SaltySailor
    View Post
    So, what is the best thing to do here? It seems the proper process for attaining the money was not followed. Should I file my W-2 and ignore the request? The legal fees would be more than the cost of the check (kind of a double edged sword) also the work put into redoing taxes... Thoughts?
    There would be no legal fees in small claims court.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Paid on Accident

    Unless the owner can represent the business in court he would have no option but to hire a lawyer (don’t knkw the form of business). If I hire a lawyer I wouldn’t bother with small claims court. That would mean the defendant would likely need a lawyer which of course increases their costs.



    I would suggest speaking with the guy and try to resolve this with paying back only the net amount.

    Of course if you had dealt with this in a timely mannner....../

  8. #8
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Paid on Accident

    Quote Quoting jk
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    Of course if you had dealt with this in a timely mannner....../
    In all fairness it doesn't appear that he noticed it in a timely manner and it doesn't appear that the company notified him in a timely manner either. However, you are right, had it been handled in a timely manner (by all parties) it would have been less of a complication. However, it still would have been inappropriate for the employer to ask for the gross amount back from the ex-employee. It still would only have been appropriate for the employer to ask for the net amount back and then amended their 941's to adjust for the withholding.

    Employers however, often seem not to get that.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Paid on Accident

    Quote Quoting llworking
    View Post
    In all fairness it doesn't appear that he noticed it in a timely manner and it doesn't appear that the company notified him in a timely manner either. However, you are right, had it been handled in a timely manner (by all parties) it would have been less of a complication. However, it still would have been inappropriate for the employer to ask for the gross amount back from the ex-employee. It still would only have been appropriate for the employer to ask for the net amount back and then amended their 941's to adjust for the withholding.

    Employers however, often seem not to get that.
    Well, he was paid the extra in September. Employer notified him after a couple months. This is a couple months after that.

    Based on the statements by the op I would guess he didn’t intend on paying back the money at all.

  10. #10
    Join Date
    Dec 2017
    Posts
    7

    Default Re: Paid on Accident

    I just went back and checked my online pay stubs it shows I was not paid for the month he is claiming I owe money for. Stuff is not adding up here and the guy is known to be a shady person when it involves money. Should I get incontact with the accountant directly as I do not trust the owner of the company?

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