I have a simliar question to this. My situation is I am no longer employed with the company. They direct deposited an additional check to my bank account. This direct deposit was done in error. They contacted me via phone to request the money back and I am 100% willing to cooperate with that request, but I asked for a written statment to be sent to me in case the unemployment office tried to deny my unemployment benefit due to the error.
Now it has been 3 days and I haven't seen anything from them. I requested this statement be emailed to me (which I figured would take an hour or something), but they never sent it (or I never received it). At the time I requested this information, she got my email address and at the same time I sent her something so she could just "reply" to it because my email address is pretty hard to figure out sometimes. I never got back anything showing that my email was not received so I'm relatively confident that they got my address properly. I also informed them at the time that my paycheck had not cleared the bank (it was a pending transaction still). It has since cleared the bank now, but how long do you think I should wait before just keeping it? If they are unwilling to produce written documentation to their error what's a reasonable time frame I should wait? This assumes that requesting written documentation from them is something that's a lagitamate request from me. They've done a lot of shifty things in this company already and I merely want some kind of documentation.
As it sits right now they've underpaid me by $40 per check since I started working there, but because of a technicality they got away with it. Basically, they agreed to pay me $13/hr and an additional $250/mo for purchasing my own insurance. They never stated on any of my paperwork that they were paying me $250 extra/mo. So basically I'm getting $170 extra/mo and not the full benefit they promised me (they were supposed to pay me $125 bi-weekly). At this point I'm pretty sure if I make any kind of legal action to get the extra money I was due they'll basically tell me I have to pay back the $170 extra I received each month instead of paying me the additional $80 they owe me a month. Even in my seperation notices they basically put down my pay rate was the gross total on my check instead of breaking it down since on my pay stubs it was never broke down. They even taxed me for the benefit along with my normal pay. They're being very careful to not mention the error. I think they know about it because other employees at the office also mentioned to me about being shorted as well while I was working there.
Really at this point I have no remorse for their error and I'd rather just keep the money, make them take the expense to sue me for it and hit them one last time before they get their money back. But being an honest person I figured I'd give them the opportunity to get it back fairly even though they screwed me on so many levels during my employment.
So basically what legal recourses do I have?
What's a good time frame to wait before keeping the money?
If I end up keeping the money how should I report it to unemployment? (I never received a pay stub for it)
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GokouZWAR
