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    oscillation's Avatar
    oscillation Posts: 4, Reputation: 1
    New Member
     
    #1

    Jan 3, 2007, 10:10 AM
    Continued to receive pay after i quit, cant find precedent
    Ive posted this issue in a few different places, not certain which applies best.

    Ive got an interesting situation on my hands that I can't find precedent for anywhere. In early October I quit a job with a local call center. I had just finished my third week and quit without notice. Some time later I realize while viewing my bank account statement online that they have continued to pay me every two weeks, and it continues to this day. The total amount weighs in at just over 4000 presently. I currently have every cent of the money to return to them if need be, but I hate call centers and have a different plan in mind. I have seen one similar situation where the 'payee' offered to pay back the sum at a rate of one days pay every two weeks until the sum was paid back in full, which the 'payer' accepted. My plan is to use the money as a student loan, still eventually paying the amount back in full.

    My credit is already ruined and collection agencies don't worry me. I am only concerned with the possibility of a criminal record resulting. Even a forced garnishment of wages wouldn't bother me that much.

    PS I'm not interested in any moralists who feel like commenting 'just pay them back' etc...
    this call center worked with cellular phones. I had previously worked with a different cellular call center that used exactly the same billing program which I will call 'vista' . This program is deeply flawed, and creates billing errors that are the fault of this company which result in undue amounts on a daily basis. I know this for a fact. Unless the individual or business receiving these bills let the cellular company know about the error within 3 months, then the cellular company keeps the amount of the error. This is part of their 'cellular agreement' I feel absolutely no guilt carrying out my plan. Thanks for any input you can give.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member
     
    #2

    Jan 3, 2007, 03:46 PM
    Hello,

    You should NOT pay them back.

    Here is what you should do.

    Stick that money into a bank account and let it earn interest.

    Eventually they will realize their mistake and ask for it back, then make them an off, say 50% back.

    Here is the kicker though.

    They MIGHT be able to file criminal charges. It depends on where you live and if they want to.

    You know this is an error and you have continued to accept this money.

    It might be hard to prove your intentions, but if it were me, I would keep all the money away, just in case it came down to that.

    Also, keep in mind about taxes.

    How will the government view this?

    As employment income or a gift?

    Depending on where you live, a gift is only considered up to $11,000/year (depending on where you live).

    So since it is only $4,000, you are fine there.

    However, I am sure the government will argue this is a form of severance pay and therefore you owe them ordinary taxes on it all.

    So the situation becomes very murky.

    That is why the best advice I have is to stick it in a bank account and not touch the principal.

    Talk with a tax attorney before proceeding any further.

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