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Still being paid after I have left the job.

 
Still being paid after I have left the company.

fiogf49gjkf0d
I am still getting paid from my old employer even though I left some months ago. I have been travelling and was not aware of it until I returned to the UK and checked my balance. I was wondering whether anyone had any ideas on how I could keep this money? Maybe I could sned in a resignation letter to HR as the comany is pretty large. I do need to get in contact with them to get my p45 before I can get another job. I know I am being a little dodgy, but I could really do with the cash after not working for a while. Ta

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Jimmy43

04/04/2005 12:04:05

Still being paid after I have left the company.

fiogf49gjkf0d
Honesty is the best poloicy in this case! Because:

a) It'll end up costing you (when they find out) most likely a lot more to pay back (loan, overdraft, court action)

and,

b) It'll cost you a reference too...

Own up, give 'em a call and let them know the score!

Regards

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Nacho_VIdal

04/04/2005 13:47:01

Still being paid after I have left the company.

Originally posted by Jimmy43:
I am still getting paid from my old employer even though I left some months ago. I have been travelling and was not aware of it until I returned to the UK and checked my balance. I was wondering whether anyone had any ideas on how I could keep this money? Maybe I could sned in a resignation letter to HR as the comany is pretty large. I do need to get in contact with them to get my p45 before I can get another job. I know I am being a little dodgy, but I could really do with the cash after not working for a while. Ta


Sad, but true. Keeping money that you're not legally entitled to is regarded as theft, irrespective of whether the mistake is someone else's. Same goes for monies wrongfully placed into your account by a bank.

You could lie low for a while, and see whether they notice. After a year or so, I doubt whether anyone would justifiably have a claim to get it back, but you would still be better off owning up, or at least placing the overpayment into a separate account in the meantime to show intent that you are aware that it isn't your money. Spending it would be disasterous, leaving you short of cash, should you spend it, and leaving yourself wide open to a charge of dishonest deception.

Suze

04/04/2005 22:59:15

Still being paid after I have left the company.

fiogf49gjkf0d
Yeah, thanks guys I thought that might be the case. I do think its funny though that the company can finish my contract due to budgetary constraints and then not notice that they are still paying me 5 months after I left. So do you think I should get in contact with them asking for P45 and then they will realize they have not stopped paying me? Its going to be hard giving back 5K though!
Originally posted by Suze:


Sad, but true. Keeping money that you're not legally entitled to is regarded as theft, irrespective of whether the mistake is someone else's. Same goes for monies wrongfully placed into your account by a bank.

You could lie low for a while, and see whether they notice. After a year or so, I doubt whether anyone would justifiably have a claim to get it back, but you would still be better off owning up, or at least placing the overpayment into a separate account in the meantime to show intent that you are aware that it isn't your money. Spending it would be disasterous, leaving you short of cash, should you spend it, and leaving yourself wide open to a charge of dishonest deception.

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Jimmy43

05/04/2005 11:26:35

Still being paid after I have left the company.

Originally posted by Jimmy43:
So do you think I should get in contact with them asking for P45 and then they will realize they have not stopped paying me? Its going to be hard giving back 5K though!


Yes ask for your p45! See what happens...They'll likely ask you to confirm a leaving date, if you tell the truth they'll realise that uv been overpaid and ask for it back. However, if you lie they may give you the P45 and then realise later that you were overpaid. The fact that you lied about your leaving date to cover the extra money will leave you open for legal action!

But then again none of the above may happen!!! It's up to you mate!!!

The 5k isn't yours...spend it at your peril cos' it's going to be even harder to pay it back once it's spent!

Nacho

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Nacho_VIdal

05/04/2005 13:29:50

Still being paid after I have left the company.

fiogf49gjkf0d
Nacho, I just found some advice on the civil rights website that addressed my problem, and things look a little brighter. Here is what is says.

Can my employer force me to give back an overpayment of wages?

Your employer can only make deductions from your wages in limited circumstances. They can deduct tax and national insurance (NI) and they can also make other deductions for which they have previously got your written consent or which are allowed in your contract of employment. (Different rules apply for shop workers).

An exception to the rule that consent is needed to make a deduction is where there has been an overpayment of wages (or some other payments, for example, expenses). In law, the employer can recover these through a deduction of your wages even if this is without your agreement. However, if your employer gave the impression that the wages were correct at the time they were paid, you did not know that you had been overpaid and you have spent the money (and to pay it back would put you in a worse financial position than if the overpayment had not been made) you should argue that you should not have to repay the money.

For more information about the rules for shop workers, and for more information about what payments can have deductions made from them, see Rights to pay. For more information in England, Wales and Scotland, see also Employer withholds your pay in Employment fact sheets.

Any thoughts?

Originally posted by Nacho_VIdal:


Yes ask for your p45! See what happens...They'll likely ask you to confirm a leaving date, if you tell the truth they'll realise that uv been overpaid and ask for it back. However, if you lie they may give you the P45 and then realise later that you were overpaid. The fact that you lied about your leaving date to cover the extra money will leave you open for legal action!

But then again none of the above may happen!!! It's up to you mate!!!

The 5k isn't yours...spend it at your peril cos' it's going to be even harder to pay it back once it's spent!

Nacho

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Jimmy43

06/04/2005 13:24:43

Still being paid after I have left the company.

To be honest this is dodgy ground as I suspect that only a tribunal of sorts would be able to mitigate! You've been overpaid yes, you didn't know...ok, but the company did not give you the impression that all was ok because you weren't there!

It's up to you...but bear in mind that a) you left the place a while ago, b) you need your P45 and someone will have to confirm your leaving date, and c) you need a reference!

Good luck

Nach

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Nacho_VIdal

06/04/2005 17:36:22

overpayment (and an inability to be succinct)

fiogf49gjkf0d
In a similar vein I have a similar problem. I left my company in November but got paid in Dec and January. I used to work in some system where i had a basic pay and commission on top making my monthly basic about 256. Both Dec and Jan I got paid but it wasn't for the amount of my basic but some random number. December I assumed it was owed overtime, holiday pay and commission as my pay the month before had been puny. January, I thought it was odd but thought as I had left part way during our "peak period" (a time where we get lots of incentives and bonuses for performing well ovr xmas) that this may be belated part bonus for that, though it was slighty more generous than I would have expected. I decided to sit on it and if they asked for the money back or paid me again I would get in touch. They didn't, I assumed all was ok and spent the money. Today my dad received a letter from the company threatening e and demanding 700 odd back and giving me 7 days to pay it. Being a full time student this is not going to happen, i don't work and in fact quit that job because they were making me do 26 hours a week working when I was already in college for nearly 20 hours a week ad they were inflexible. They claim to have sent earlier letters but they sent this letter I did receive to the address I lived at when I joined, (my dad has a mail redirect still active), despite me repeatedly trying to change it with them as I have moved twice since then (and being repeatedly assured it had changed)

Advice on my legal situation would be greatly appreciated, the only way i can pay is to decimate my hard earned savings which i scraped together because my boyfriend has had to move to geneva to work for 2 years and i want to be able to visit him there or the relationship will die blah :P

Please help....I can't spend any less...I only spend 5 a week on food as it is :P (num...lidl baked beans:P)

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laughingfreek

08/05/2005 01:26:01

Still being paid after I have left the company.

Originally posted by Jimmy43:
I am still getting paid from my old employer even though I left some months ago. I have been travelling and was not aware of it until I returned to the UK and checked my balance. I was wondering whether anyone had any ideas on how I could keep this money? Maybe I could sned in a resignation letter to HR as the comany is pretty large. I do need to get in contact with them to get my p45 before I can get another job. I know I am being a little dodgy, but I could really do with the cash after not working for a while. Ta


Eventually you WILL need another job. And for that you WILL need your P45. So you cannot really put this off. The longer you leave it, the worse it will look when they realise you've been collecting a salary from them since leaving. It may be their own stupid fault, but that will be little comfort when you loose the money and end up in court. The dream is over. Own up and move on.

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owen

09/05/2005 09:16:25

Still being paid after I have left the company.

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Originally posted by owen:


Eventually you WILL need another job. And for that you WILL need your P45. So you cannot really put this off. The longer you leave it, the worse it will look when they realise you've been collecting a salary from them since leaving. It may be their own stupid fault, but that will be little comfort when you loose the money and end up in court. The dream is over. Own up and move on.

Owen

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Dick Nasty

29/05/2005 18:56:03

Still being paid after I have left the company.

Just thought I would let you know that I have a new batter job and I still have the money. I think that they will have difficulty recovering the money now...but still thinking of seeing a lawyer to get some formal legal advice. Any thoughts?

Jimmy43

08/07/2005 11:02:20

OVERPAID AT WORK

Hiya, I have been overpaid at work and was honest and owned up immiediately....my company have been very negligent in my opinion , they have known about this matter for over two weeks and have made no attempt to recover the money, I realise that I will be asked to repay it back eventually, but would it be possible to repay it back in installemets as the temptation not to spend the money is just too great ?

angelface

26/09/2005 11:57:40

Still being paid after I have left the company.

Originally posted by Jimmy43:
Just thought I would let you know that I have a new batter job and I still have the money. I think that they will have difficulty recovering the money now...but still thinking of seeing a lawyer to get some formal legal advice. Any thoughts?

angelface

26/09/2005 19:49:51

Still being paid after I have left the company.

Hi Jimmy43, the exact same thing is currently happening me now, and im also the other end of the world travelling!! Thinking of letting them know, tell them its spent, and hope they write it off...they are also a very big company so never know. Worst case scenario, i have to pay it back eventually

Originally posted by Jimmy43:
I am still getting paid from my old employer even though I left some months ago. I have been travelling and was not aware of it until I returned to the UK and checked my balance. I was wondering whether anyone had any ideas on how I could keep this money? Maybe I could sned in a resignation letter to HR as the comany is pretty large. I do need to get in contact with them to get my p45 before I can get another job. I know I am being a little dodgy, but I could really do with the cash after not working for a while. Ta

hayso

11/01/2006 12:06:07

Overpayment of salary Advice

Dear All, I'm posting the query on behalf of my wife who's employed by the local authority. Many months ago she requested that her hours be reduced from 5 days to 4. She requested this to her manager who confirmed that that would be OK. She then started to work for just the 4 days. At this time she also took out a car loan (arranged with the company/local authority ) and re-payments were to be deducted, at source, directly from her salary. Because of this change to her salary ( due to car loan repayments ) we missed the fact that she has, in fact, continued to be paid for 5 days even though she has been working for only 4. This overpayment had occurred for about 9 months before we noticed. She reported the overpayment straight away, explained the reason why we didn't notice the overpayment earlier and confirmed that the new hours had been agreed with her manager some months earlier. She has now been informed ( with no appology/explanantion for the error ) that she has to pay back over 4 grand! Is it worth hiring a lawyer for this...claiming hardship etc ?....and would the courts mean test our total income to establish any hardship ( and hence decide whether we have to pay it back )?

Any advice would be most welcome...thankyou

Jams

22/02/2006 12:45:25

Overpaid Whilst Off Sick

From the end of November 2005 I have been off sick from work. Up until the end of January 2006 the company were still paying me a weekly wage. I then received a letter from the company telling me that I had resigned in December 2005 and they want the overpaid salary back (I did not resign). I got a second letter telling me that legal proceedings will take place against me, they will give me a bad reference telling my next employer that I left owing them money and, I will have to pay interest and legal costs. They say I am legally bound by my contract. I have never signed a contract with the company. I still have not officially resigned and I still have not had a letter from the company telling me that my employment with them has been terminated. This is a very big company.

Please, can somebody help me here and give me some advice as to where I stand legally. Do I have to repay the money?

Many thanks

DaveyBoy

23/02/2006 10:09:47

Overpaid Whilst Off Sick

Originally posted by DaveyBoy:
From the end of November 2005 I have been off sick from work. Up until the end of January 2006 the company were still paying me a weekly wage. I then received a letter from the company telling me that I had resigned in December 2005 and they want the overpaid salary back (I did not resign). I got a second letter telling me that legal proceedings will take place against me, they will give me a bad reference telling my next employer that I left owing them money and, I will have to pay interest and legal costs. They say I am legally bound by my contract. I have never signed a contract with the company. I still have not officially resigned and I still have not had a letter from the company telling me that my employment with them has been terminated. This is a very big company.

Please, can somebody help me here and give me some advice as to where I stand legally. Do I have to repay the money?

Many thanks


If your overpaid, they can claim it back. You can make a monthly payment plan, but in the end its pay up or they can go to the courts.

Dogbury

Dogbury

23/02/2006 12:21:24

Still being paid after I have left the job.

Hi, I've moved from UK to Spain being still in the same company but being different entities. I have noticed that apart from being paid by the spanish company I still keep receiving my salary in UK. Despite having asked for my P45. Last month I received a bigger amount on my UK payslip, what shall I do? And can I keep the money?

4vent

04/03/2006 16:58:51

Overpaid for two weeks freelance work. Do I legally have to give it back?

Hi,

Please can anyone offer any advice. A few months ago I did two weeks work for a television company on a freelance basis. I didn't give them my P45 I just ticked the P46. About two weeks after getting paid they rang me and said they had overpaid me by 4,500 by mistake- the amount should have been 680. I had not received a pay slip so was completely unaware as I had not got a bank statement for a while either. They then asked me to write a cheque back to them but I wasn't sure if I had any right to keep the money? I asked them to send me a payslip and that I would ring back to discuss the problem once I had received the payslip. My sister is a solicitor and she thought that if the payslip stated the wrong amount then I could be entitled to keep the money as it is there era?

Can anyone help?

Kate

Kate

05/04/2006 13:07:47

Overpaid for two weeks freelance work. Do I legally have to give it back?

Originally posted by Kate:
Hi,

Please can anyone offer any advice. A few months ago I did two weeks work for a television company on a freelance basis. I didn't give them my P45 I just ticked the P46. About two weeks after getting paid they rang me and said they had overpaid me by 4,500 by mistake- the amount should have been 680. I had not received a pay slip so was completely unaware as I had not got a bank statement for a while either. They then asked me to write a cheque back to them but I wasn't sure if I had any right to keep the money? I asked them to send me a payslip and that I would ring back to discuss the problem once I had received the payslip. My sister is a solicitor and she thought that if the payslip stated the wrong amount then I could be entitled to keep the money as it is there era?

Can anyone help?

Kate


Follow your sister's advice.

Slough

05/04/2006 20:53:29