Got a call from the lawyer of my ex-company...

[RichD]

Re: Got a call from the lawyer of my ex-company...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Derek</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Magix</div><div class="ubbcode-body">And it smaddy call and ask for me, mi ask dem who's calling and after dem reply can mek up mi mind if mi waan talk to dem. </div></div>

The guy said, 'Derek?' I said 'Yes?'

I didn't feel I was supposed to hiding from anyone or anything.

I didn't even know about the June money. </div></div>

do you have any legal obligation to return it?

[Derek]

Re: Got a call from the lawyer of my ex-company...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RichD</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Derek</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Magix</div><div class="ubbcode-body">And it smaddy call and ask for me, mi ask dem who's calling and after dem reply can mek up mi mind if mi waan talk to dem. </div></div>

The guy said, 'Derek?' I said 'Yes?'

I didn't feel I was supposed to hiding from anyone or anything.

I didn't even know about the June money. </div></div>

do you have any legal obligation to return it? </div></div>

I suppose so, but I'll offer to pay in instalments first...

[Magician]

Re: Got a call from the lawyer of my ex-company...

If him nuh pay dem soon lock him up an deport him!

Even if it nuh no law, dem can mek it up an yuh have no recourse.

[Derek]

Re: Got a call from the lawyer of my ex-company...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Magix</div><div class="ubbcode-body">If him nuh pay dem soon lock him up an deport him!

Even if it nuh no law, dem can mek it up an yuh have no recourse. </div></div>

I think they'd rather have the money than lock me up and deport me, and end up with none!


They STILL owe me my gratuity anyway.

[Magician]

Re: Got a call from the lawyer of my ex-company...

Once they contact the authorities it's out of their hands.

Memba dem nuh have collection agencies or credit bureau fi threaten you with.

[RichD]

Re: Got a call from the lawyer of my ex-company...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Derek</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Magix</div><div class="ubbcode-body">If him nuh pay dem soon lock him up an deport him!

Even if it nuh no law, dem can mek it up an yuh have no recourse. </div></div>

I think they'd rather have the money than lock me up and deport me, and end up with none!


They STILL owe me my gratuity anyway. </div></div>

is enuff to cover the gratuity?

[Derek]

Re: Got a call from the lawyer of my ex-company...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RichD</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Derek</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Magix</div><div class="ubbcode-body">If him nuh pay dem soon lock him up an deport him!

Even if it nuh no law, dem can mek it up an yuh have no recourse. </div></div>

I think they'd rather have the money than lock me up and deport me, and end up with none!


They STILL owe me my gratuity anyway. </div></div>

is enuff to cover the gratuity? </div></div>

Minus gratuity I still owe them.

[RichD]

Re: Got a call from the lawyer of my ex-company...

so jus sen back the diff

[WitchyOoman]

Re: Got a call from the lawyer of my ex-company...

Assuming Derek is in the USA...

They can - and will - use direct withdrawal if they direct deposited said monies.

If it's not there, all of it (not minus the gratuity), they can - and probably will - get a freeze on Derek's account... meaning that any other money deposited into siad account will be frozen and seized, similarly to how the IRS does it. They can o it specifically because it's a payroll/paycheck issue for a former employee (rather tahn a current employee).

Derek will have a difficult time, should the company press criminal charges (not their first-line option) explaining how he didn't notice all of the extra money in his account. unless he is independently wealthy and the paycheck amounts are far exceeded by the normal balance in his account.


Derek, if you have the money, you'd best just give it all back immediately.
If you already spent it, you're in deep poo, but you'll have to beg them to let you pay it back in installments. But understand that they will probably put a freeze on your account for the full amount anyhow... so if you get any extra money it will automatically be appropriated for payback. And if you don't have it all, expect to go to Court to defend yourself somehow. Bring the best lawyer you can hire.

Payroll/paycheck issues are different from every other legality, in every state of the union. Such issues are sacrosanct, and dealt with by different criteria.


The gratuity owed you is a separate issue altogether, and will be dealt with separately. Don't expect to see that until after they've received back all of the money you now owe them. and possibly plus another up to 90 days.


Mr WItchy and I recently had a labor relations issue on the other side of the fence: He was paid to little AND they took out also twice the proper amount for his health care benefits but did not pay it all to the health care company. Care to guess how much they company got whacked with penalties? Care to guess how much extra hubby got, beyond his rightfully owed money? Care to guess how careful the company now is with payroll, and how many changes to their system they've made, all because of how much they lost to the State of NJ, the Court, and to Mr Witchy??? Eh-eh.
Saddest of all (for them) is that they had to pay Mr Witchy 57 O/T hours (double time and a half) to re-write their stupid computer system. No joke! eeeeek