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Payroll error in my favor, consequences?

Hey AshtrayHey Ashtray Registered User regular
edited November 2008 in Help / Advice Forum
Hey, aside from being terribly unethical, are there legal ramifications to not informing my employers that they paid me way too much this paycheck?

Also, assuming they notice, I imagine they can ask for it back, no? Canadian law, if that matters.

Thanks.

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  • wasted pixelswasted pixels Registered User regular
    edited November 2008
    Hey, aside from being terribly unethical, are there legal ramifications to not informing my employers that they paid me way too much this paycheck?

    Also, assuming they notice, I imagine they can ask for it back, no? Canadian law, if that matters.

    Thanks.

    If they notice (and they will), they can just dock your pay at any point in the future for the amount they overpaid. Might as well go bitch about it now so they can't try to act like it's your fault they goofed.

    wasted pixels on
  • RuckusRuckus Registered User regular
    edited November 2008
    I don't think they can force you to pay it back, but they can deduct the difference from your next paycheque, at least here in MB.

    Ruckus on
  • tsmvengytsmvengy Registered User regular
    edited November 2008
    Talk to payroll about it. If they figure it out they will take it out of a future paycheck after notifying you.

    tsmvengy on
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  • Casually HardcoreCasually Hardcore Once an Asshole. Trying to be better. Registered User regular
    edited November 2008
    They pay a lot of people a lot of money to catch errors like that. Trust me, they will find out, they will want it back, and they are going to get it back one way or another. Just take to your manager about it.

    Casually Hardcore on
  • AegisAegis Fear My Dance Overshot Toronto, Landed in OttawaRegistered User regular
    edited November 2008
    Hey, aside from being terribly unethical, are there legal ramifications to not informing my employers that they paid me way too much this paycheck?

    Also, assuming they notice, I imagine they can ask for it back, no? Canadian law, if that matters.

    Thanks.

    Yea, what other people have said: They'll notice. My father's worked in payroll in Ontario for thirty years now, and from what he's told me essentially to make that up they'd just make up the difference on your next check. I don't believe they can legally force you to give money back once they've paid it out, hence going the lower-paycheck route next time.

    You might want to just tell them so that they do catch it early and you know what to expect from your next check.

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  • Hey AshtrayHey Ashtray Registered User regular
    edited November 2008
    The thing is, it's a one time payment, so I'll never get paid by them again. So can they track me down and beat me up, or what?

    Hey Ashtray on
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  • DmanDman Registered User regular
    edited November 2008
    You'll have to live with the guilt for the rest of your life!!!
    Give me the money and I'll put it into various charities for you so you can live guilt free.

    Dman on
  • vonPoonBurGervonPoonBurGer Registered User regular
    edited November 2008
    are there legal ramifications to not informing my employers that they paid me way too much this paycheck?
    I don't believe you're under any legal obligation to inform your employer that they paid you too much. It's highly likely they'll notice eventually though, unless their accounting and payroll people are really incompetent. Once they do figure it out, they'll ask to be reimbursed for the overpayment. They might even decide to put the screws to you and demand interest on the overpayment as well. If you refuse to pay it back, they'll likely take you to court (probably small claims court, depending on the amount), they will likely win, and then you will be under a legal obligation to pay them back the amount of the overpayment, plus possible interest and court costs. One-time payment or not, this "windfall" is a future clusterfuck waiting to happen. I wouldn't risk it.

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  • VisionOfClarityVisionOfClarity Registered User regular
    edited November 2008
    The thing is, it's a one time payment, so I'll never get paid by them again. So can they track me down and beat me up, or what?

    Yes.

    VisionOfClarity on
  • ThanatosThanatos Registered User regular
    edited November 2008
    It sounds like this isn't an employer, but a contractor, which is different. I'm speaking from the U.S., here, but I have difficulty imagining the law in Canada being all that different. You need to call them, and let them know about the mistake. If they catch it in the future, they can come after you for it.

    Thanatos on
  • LadyMLadyM Registered User regular
    edited November 2008
    Thanatos wrote: »
    It sounds like this isn't an employer, but a contractor, which is different. I'm speaking from the U.S., here, but I have difficulty imagining the law in Canada being all that different. You need to call them, and let them know about the mistake. If they catch it in the future, they can come after you for it.

    LadyM on
  • QinguQingu Registered User regular
    edited November 2008
    Hey, aside from being terribly unethical, are there legal ramifications to not informing my employers that they paid me way too much this paycheck?

    Also, assuming they notice, I imagine they can ask for it back, no? Canadian law, if that matters.

    Thanks.
    How much did they overpay you, and is that amount worth the economic and ethical risk you are taking? If they find out, even if they can't get the money back, will your professional reputation suffer?

    It's not something I would risk a few hundred dollars for. And if it's a few thousand, they're probably going to notice regardless so you'd be better off telling them.

    Qingu on
  • QuidQuid Definitely not a banana Registered User regular
    edited November 2008
    I'll add on to the "They can take it back from you if they want" crowd. You're not entitled to the money.

    I'd stick it in a savings account and not touch it until the matter's taken care of.

    Quid on
  • ThanatosThanatos Registered User regular
    edited November 2008
    Quid wrote: »
    I'll add on to the "They can take it back from you if they want" crowd. You're not entitled to the money.

    I'd stick it in a savings account and not touch it until the matter's taken care of.
    This isn't necessary unless they make it difficult for you to give them the money back (and that has been known to happen). Otherwise, you should just cut them a check for the amount, and make sure you get a written receipt, as well as put the reason for the check on the check.

    Thanatos on
  • QuidQuid Definitely not a banana Registered User regular
    edited November 2008
    Thanatos wrote: »
    Quid wrote: »
    I'll add on to the "They can take it back from you if they want" crowd. You're not entitled to the money.

    I'd stick it in a savings account and not touch it until the matter's taken care of.
    This isn't necessary unless they make it difficult for you to give them the money back (and that has been known to happen). Otherwise, you should just cut them a check for the amount, and make sure you get a written receipt, as well as put the reason for the check on the check.
    To be fair, all my prior experience with this was government bureaucracy.

    Quid on
  • Dread Pirate ArbuthnotDread Pirate Arbuthnot OMG WRIGGLY T O X O P L A S M O S I SRegistered User regular
    edited November 2008
    IMO, take the difference, set it aside in your bank, don't touch it. Call your employer and let them know, and log the time of the call, who you talked to, etc. They can and probably will come after you for the amount.

    Dread Pirate Arbuthnot on
  • mcdermottmcdermott Registered User regular
    edited November 2008
    IMO, take the difference, set it aside in your bank, don't touch it. Call your employer and let them know, and log the time of the call, who you talked to, etc. They can and probably will come after you for the amount.

    Yeah, this would be my advice as well. Put it in your savings, inform them about it (logging this), then find out how to get it back to them while getting some kind of official receipt. Do not give them this money back without some serious documentation. The last thing you need is to pay them back twice.

    When it's all said and done, pocket the $1.27 in interest you made.

    mcdermott on
  • Hey AshtrayHey Ashtray Registered User regular
    edited November 2008
    Cool beans, thanks guys. I'll go talk to the business office here on Monday, doesn't feel right keeping the money anyways, even if I could get away with it.

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