I quit my job but my office still sends me a paycheck. Can I be sued for cashing the check?

Question

I quit my job but my office still sends me a paycheck. Can I be sued for cashing the check?

Answer 1

Being honest is good if you have a noble life. :-)

Answer 2

haha not they will cancel the check if they don't want you to cash it

Answer 3

If you receive the money by direct deposit, they can even dip into your bank account to retrieve it.  (This was in the paperwork you signed.)  

Answer 4

Yep and you will loose the lawsuit.

Here is the rule:  if it isn't yours, it isn't yours.  People are allowed to make mistakes and given a reasonable time frame under the law to figure out they have made a mistake and to correct it.  Your failure to notify your former employer of their error makes you the legal equivalent of a "jerk."  If you are endorsing the check and depositing them -- that may put you into the category of fraud (theft by taking) in some state...better watch yourself.

Answer 5

Unfortunately, yes, you can be sued.  There's lots of cases involving the government criminally prosecuting individuals who cashed checks which were erroneously sent to them.  It seems wrong, but it happens.  

However, you may be entitled to this money.  Maybe there was a lag time between the time you stopped working to the time you got paid or it's something else you're entitled to, like vacation, sick or severance pay.

Call the company, either a friend or the human resources person.  I'm sure it will all work out, but it doesn't hurt to find out why you got the unexpected cash!

Answer 6

Of course you can.

Even if the former office makes a mistake, it does not mean the money is yours.

Report it to them as soon as you can, before being really tempted to cash the check(s) in and expose yourself to serious trouble..

Answer 7

unemployment check? package deal?

Answer 8

You don't provide enough details like how long has it been since you quit your job. A lot of pay cycles are 2-3 weeks behind. Also did you have any vacation pay accumulated?  

If not then you have two issue to consider.

1. Is a collections issue. You owe the company $X dollars from extra paychecks. They bill you and try to make payment arrangements. You don't pay. They could go to court and file a civil suit against you, most likely win, then try to garnish your wages. At the very least the judgment would damage your credit.

2. Theft charges.  One pay check, ok. Two or three you were confused and think you called the HR department. Five to Ten paychecks pretty clear you are taking something you know is not yours, ie stealing.  It is not a "finders-keepers" or abandoned property situation.

You may actually want to speak with an attorney. Even if you call them and you give it all back, you still could be charged with theft. Again depending on how long this has gone on.  

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