Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Default Overpaid Self

    My question involves criminal law for the state of: New Jersey

    Two monhs ago I resigned from my job as a junior partner in a small company (LLC) because I did not agree with some of the company's business practices.. In preparation for creating a separation agreement, which has been stonewalled by the senior partner over the past two months, I recently reviewed all of the bank statements for the past 3 years to reconcile them with verbal/written agreements with the senior partner. I find that in a few cases I overpaid myself -- once for $7K, another time for $25K, and thirdly, a couple business vouchers look questionable. (I was responsible for writing checks and doing the accounting.) I think the $7K was a mistake and the $25K was an oversight that I intended to correct later, but never did, and the business vouchers were carelessness. Now, I am wondering what to do. Shouild I announce this to the senior partner pre-emptively or wait until he discovers it? Should I send him a check before he discovers the problem? I don't want to keep money that is not mine and also do not want to be subject to criminal charges. I am afraid to bring this up because the senior partner is very angry with me and will use this as a way to retaliate. BTW, the senior partner received monthly bank statements but often did not review them in detail.

    Thanks for any guidance you can provide.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overpaid Self

    If you wait until he discovers it, you'll probably be hearing from the police.

    It doesn't seem plausible that this was an accident, even one you intended to fix later on, so I suggest consulting a lawyer.

  3. #3

    Default Re: Overpaid Self

    25K and 7K ......hmmmm doesn't add up take Mr. Knowsit all advice and get a lawyer your likely going to need one.

  4. #4
    Join Date
    Jan 2010
    Posts
    9

    Default Re: Overpaid Self

    Quote Quoting Andys
    View Post
    I think the $7K was a mistake and the $25K was an oversight that I intended to correct later, but never did, and the business vouchers were carelessness.
    Your story sounds like B.S. to me. I make a pretty good salary but it's hard for me to imagine a $25,000 "oversight." Even a well-off professional doesn't make that in a month, or even two. I'd consult a lawyer- ideally one who's a CPA as well - but my gut tells me that you should basically hand over the $32,000 with the attitude that "we're done with each other, this is what the books say I owe you, so here's a check to settle up." Putting it that way makes things look like a legitimate break-up of the LLC... which it is, assuming you give the money back.

    1. Sponsored Links
       

Similar Threads

  1. Disability Benefits: Mother of Children Overpaid by SSI
    By blevesque14 in forum Social Security Law
    Replies: 1
    Last Post: 05-31-2011, 11:23 PM
  2. Overpaid Child Support
    By puntaalta in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 12-09-2010, 12:01 AM
  3. Compensation and Overtime: Overpaid After Resignation
    By SchoolMarm in forum Employment and Labor
    Replies: 2
    Last Post: 08-08-2009, 04:54 PM
  4. Compensation and Overtime: Overpaid Temp
    By Mareee in forum Employment and Labor
    Replies: 2
    Last Post: 05-30-2008, 03:48 PM
  5. Compensation and Overtime: Overpaid, and employer wants a refund
    By DOUG130 in forum Employment and Labor
    Replies: 5
    Last Post: 11-04-2005, 09:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources