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Old 02-17-2015, 04:46 PM
 
213 posts, read 237,839 times
Reputation: 84

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Quote:
Originally Posted by step33 View Post
Sue him? - Yes.

And on what grounds would he win? The fact he is here asking all these questions says he doesn't reasonably believe that it is "his" money. He's just looking for some loophole that would allow him to keep something he has not (to anyone's knowledge at this point) earned.

"Bank error in your favor" doesn't exist

For all we know, there was a software/human/data entry error that paid him this bonus instead of it going to someone with a slightly different employee ID number. When HR straightens that out, they will NOT say, "Oh, sorry for the inconvenience - you just keep that $10k."
Don't spend it right after the error but if a month goes by and nothing is said the bonus is the op to keep. They can't come asking for the money back months later. And on top of that he is being laid off in June. Keep the money and spend it.
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Old 02-17-2015, 04:56 PM
 
2,415 posts, read 4,246,575 times
Reputation: 3791
Quote:
Originally Posted by cyn7cyn View Post
If she sent an email asking for explanation, then after 7-10 business days I'd consider it in the clear with a paper trail of you attempting contact about said matter. It specifically said bonus check which isn't necessarily a check you would know to expect. If you had never gotten one you could argue ignorance of the customary amount. Karma or not ,being laid off,I would definitely strongly consider keeping it.
You're a bad person. I hope I get the chance to fire you one day.

That is all.

SS
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Old 02-17-2015, 05:32 PM
 
6,345 posts, read 8,119,844 times
Reputation: 8784
Quote:
Originally Posted by chancellor14 View Post
Well the company gave him the money, so why can't he spend it? If the company comes asking for it and he already has spent it what are they gonna do, sue him? He would win in court
Cesar Jaime Saldivar would have preferred being sued than jail. He was able to post bail though.

He may have received free rent and food for the next 10 years. Who wouldn't want that?

Report: Bryan worker runs off with mistake $100,000 paycheck | www.statesman.com

Quote:
Originally Posted by Statesman
According to the document, “Saldivar stated he felt like he did not do anything wrong, he did not have all of the money and needed some time to figure it out.”

Saldivar was arrested Sunday on felony theft charges, and he was released on $10,000 bail, the paper said.

He could face up to 10 years if convicted.

Last edited by move4ward; 02-17-2015 at 06:02 PM..
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Old 02-17-2015, 05:53 PM
 
213 posts, read 237,839 times
Reputation: 84
Quote:
Originally Posted by move4ward View Post
Cesar Jaime Saldivar would have preferred being sued than jail. He was able to post bail though.

He may have received free rent and food for the next 10 years. Who wouldn't want that?

Report: Bryan worker runs off with mistake $100,000 paycheck | www.statesman.com
[/quote]


That's different, the company forgot to put a decimal in his paycheck, the op company sent him a bonus check. Keep it for a month and if the company does not ask for it back....you're in reason to spend it it all.
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Old 02-17-2015, 06:34 PM
 
Location: Suburb of Chicago
31,848 posts, read 17,610,392 times
Reputation: 29385
I don't know if I'm more saddened or disgusted by the responses of some of the posters here. I guess some employees have no room for morals, ethics or values.
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Old 02-18-2015, 07:55 AM
 
240 posts, read 252,393 times
Reputation: 1366
If you know the money doesn't belong to you, you are a thief if you keep it. Period.

An employer has every right to fire a thief. Ask yourself if that bonus check is worth losing your job, your dignity and your self-respect.
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Old 02-18-2015, 08:42 AM
 
384 posts, read 507,948 times
Reputation: 689
And what company sends out random unexpected bonus checks.

I've never heard of such a thing. Over the course of my career, I've gotten my annual bonus, "spot" bonuses, all different kinds of "award" bonuses, the head guy just handing out $500 gift cards at a company meeting, and way back as a teenager, an envelope full of cash "bonus" handed to me by the boss.

But, I've NEVER heard of a company giving someone money without an explanation. That just doesn't make sense.

And if it's a true annual "bonus", then there should have been a review process, and some sort of meeting with the manager to explain the bonus and why it is being received. A bonus without explanation doesn't serve the prime purpose of bonuses (reward for doing something right - motivation to keep doing it).

Again, speaking only for myself, but if I know it's not mine, there is no way I'd keep it.
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Old 02-18-2015, 09:29 AM
 
Location: The Hall of Justice
25,901 posts, read 42,701,121 times
Reputation: 42769
I assume this is a paper check? My husband's company mistakenly double-paid him once, but we have direct deposit. A couple days later they simply took it back.
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Old 02-18-2015, 12:30 PM
 
213 posts, read 237,839 times
Reputation: 84
Quote:
Originally Posted by ks5692 View Post
If you know the money doesn't belong to you, you are a thief if you keep it. Period.

An employer has every right to fire a thief. Ask yourself if that bonus check is worth losing your job, your dignity and your self-respect.
He didn't steal the money from his employer they gave it to him so he is not a thief . Secondly, he is already getting laid off in a little over a month. All the more reason to keep it, I know I would.
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Old 02-18-2015, 12:43 PM
 
Location: Sodo Sopa at The Villas above Kenny' s House.
2,492 posts, read 3,030,800 times
Reputation: 3911
Quote:
Originally Posted by ShakenStirred View Post
You're a bad person. I hope I get the chance to fire you one day.

That is all.

SS
Why am I a bad person. The OP received an unexpected bonus check with their name on it. They sent an email to HR about it. The burden of proof falls on the company at that point. I would think it would look bad on the company if they did make a possible mistake ,were notified of it and chose to ignore then a year later decided to say it was a mistake and should be paid back.

Sorry to burst your bubble but I have my own company and therefore you will never be my boss. I know if I sent out an incorrect check to someone it's my problem to fix it. If I just notice it and do nothing then could I really blame the recipient?

Btw doesn't bonus usually mean it's unexpected compensation tied to your job. They aren't guaranteed nor are they not guaranteed. I would think people get surprise bonuses quite a bit if the company decides too. Being let go would even make me think.it was large due to inadequate severance etc...maybe that's what the company was able to do for the OP. Since HR was emailed and made aware I'm sure they would get back to the OP asap if it was indeed an error.
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