Shoplifting, Larceny, Robbery, Theft Paycheck

[Volcanburu]

Okay I'm a member of another forum dealing with extreme sports. One of the members of the site works at a Medical Insurance Company that has roughly 40 employees. He is an Office tech. His mother is in fact the CEO.

His boss accidentally overpayed him and gave him pay for 92hours when he in fact worked for only two day. I warned him not to cash the check due to the high probabilty of getting caught. But he took the advice of other forum members and has already cashed the check.

Now a few of the members have argued the following. (I'm "Liverpool Strickes Back)

Maybe in Liverpool or whatever, but in America if someone makes a mistake, you can capitolize.

I remember one time there was a mis marked Roy Williams jersey at a Lions game, I got it for 60 cents instead of $60.

Word, I worked at a grocery store for awhile and if we fucked up and misprinted an ad, we usually had to give them it at that price. Like one we didn't thoough when there was this ad for vodka where I huge ass bottle was like 5 for 7 dollars, some lady came in and try to buy like 50 and we only let her buy 5.

What you guys are describing is False Advertisement. There's a difference.

What Burrut is describing is no different then if the cashier gives you more change then you were supposed to get. If you notice the difference (Intent) and don't return the extra cash you're committing a crime.

No it's not. Same type of deal. The boss mismarked his paycheck.

Link To Original Thread


Who is right? Me(Liverpool Strickes Back) or "Futurebillionare"

Thank you in advance.

 

[cbg]

If this is your way of asking if the employee who was overpaid gets to keep the money because it was the employer's mistake, the answer is no, he does not. Nothing in employment law gives him the right to keep money he did not earn and was not owed. This does not fall into consumer law so comparisons to ads giving the wrong price do not apply.

The overpaid employee needs to contact his employer and arrange to repay him for the money that was overpaid, and soon. If the employer catches the mistake and decides to fire the employee for theft and/or sue him for the overpayment amount, the termination will be legal/the employer will win the suit.