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you say you were screwed out of several manditory bonuses, if so and you are being let go perhaps the check is the bonuses you did not receive earlier.
By keeping it the only thing you risk is your honor and integrity. If these things are not important to you, and apparently they aren't because you didn't immediately return the check, then by all means keep it and see what happens.
Another way to look at it is it $1 million or more? In that case you might want to cash the check and run but more likely it's some trivial amount, as in less than $10k?
Trust me, over your lifetime $10k is trivial especially when it comes to integrity which normally can not be bought for any price but now you have a chance to purchase some for you in a way people higher up will notice.
I'd take the check in to wherever it came and make a light hearted joke about getting to the bank, opening the envelope and while you liked what you saw but you feel it must have been issued in error. Never know, your honesty might pay off much more than what's in that check amount you got.
It's a bit above $10k. And a little above $10k is about the amount of money I make in a year at this company. I've already been fired due to restructuring and my last day is in April.
I've been looking to see if I could keep it. Most people talk about "overpayment of wages" and the employers legal right to recoup that overpayment based upon the contract you signed that states your agreed upon wage.
Now I'm going to assume this is different. This has been listed under BONUS. It is a separate check. It's some random mistake. Do I face the same legal consequences if any at all?
I've returned money to my employer that I didn't earn.
You're the one who has to live with yourself.
That being said... if I was still a kid working in fast food, I'd have likely kept it without saying anything. Although they gave me good work ethic, I don't think they paid me nearly enough.
I've been looking to see if I could keep it. Most people talk about "overpayment of wages" and the employers legal right to recoup that overpayment based upon the contract you signed that states your agreed upon wage.
Now I'm going to assume this is different. This has been listed under BONUS. It is a separate check. It's some random mistake. Do I face the same legal consequences if any at all?
How do you know it's an error?
The answer also determines the answers to whether your contracted amount (which you seem to think this is not) will have to be repaid, whether it's under payroll or bonus.
The answer also determines the answers to whether your contracted amount (which you seem to think this is not) will have to be repaid, whether it's under payroll or bonus.
So you're saying that the bonus is contractual because it would've been covered in my employee's handbook?
From a legal (and not moral) perspective, if it is really an error the money belongs to the employer. They are allowed to make mistakes and can demand repayment if they can prove it was paid in error (just like if the bank deposits too much money in your account...they can demand it back).
Now, let's get practical.
You can simply keep the money and set it aside to repay them if they ever figure out their error and come looking for the money. Most likely it would be within a year as they close out the books. After some number of years the statute of limitations will kick in and they cannot recover it even if they can prove it, but it depends on what state you are in.
If they do figure out the error and demand repayment and you don't, they'd have to take you to court. Since this itself is a hassle for them on $10,000, they may simply write it off (since you will have been terminated) or they may be open to making a deal with you (offer them half, for example).
I've been looking to see if I could keep it. Most people talk about "overpayment of wages" and the employers legal right to recoup that overpayment based upon the contract you signed that states your agreed upon wage.
Now I'm going to assume this is different. This has been listed under BONUS. It is a separate check. It's some random mistake. Do I face the same legal consequences if any at all?
Cash it quickly!!!! . This happened to me once after I left a company. They had me drawing salary for an extra 3 weeks. When they realized their mistake, they called me and asked me to arrange a payment plan. I told them that I had already spent it and that we would talk later about it. I didn't feel bad about it at all, since this company had bought out a company where I was doing very well for a little over 4 years. The new company was always tweeking commissions on a whim when it suited their purposes. It was a small gift for all of the stress that they put me through.
I've been screwed out of multiple non-discretionary bonuses by a management team that dislikes me. And they've already pre-fired me due to restructuring and I will be out of a job in April. So I'd rather be a slimeball than a sucker. I don't really know it's not my money, I'm only assuming.
I got a random "bonus check". Can I keep it?
Does your State have a Labor Board? In Calif, Blue Shield of Calif owed me about $5000 in commish. They had an established commish schedule, but then decided to change it AFTER I (and others) had performed the work! When I left the company a few months later after that, I took it to the Board. They had to pay the $5000 PLUS penalty of 5 days ($150/day) = $750. It was so easy and well worth it.
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