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I recall I found $10 on the floor at the local USPS office about a year ago. I turned it into the clerk who said keep it. I said No. $10 is a lot of money to some people.(I would come back and ask if someone found it if I had misplaced that amount.) I do not know what she did with it but I have seen folks come back into the building to ask about misplaced keys, wallet, cell phone. My conscience is clear. Cannot even fathom $30000.
I'm sure you've plenty heard the stories about valuable items (including cash) being left on planes and/or at checkpoints only to be kept by airline staff and/or TSA. Right? Do you know why that is? It's because for any NON-consumer entity, they're assumed to be authorized to keep whatever they want without real punishment. Consumers are assumed guilty regardless. That's the difference.
I'm pretty sure if the airlines/TSA are able to id the owner, they'd contact them ... ala unclaimed luggage and such.
But you (and the perp) are not them.
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Let me help you through your confusion. The pay stub reflected the extra $500. That's the problem - ADP said it was valid money. It wasn't until the bank sent me a notice that I realized where the screwup happened.
The whole issue started because ADP said I should be paid X when I really should have been paid X-$500. But when my pay stub shows something, I should be able to trust that.
In ADP's defense that sort of egregious error has not happened ever again, and I've since worked at over 10 companies that all use ADP. But I wasn't the only one it happened to nor was I the only that assumed it was some sort of back pay or something. Again, I was 18.
My distrust of companies is simply that I understand "The System" is designed to favor banks, not customers. A bank can never be "put out" even when they screw up. It's wrong, but it is what it is. I just understand that, and pay closer attention to make sure I can see when I'm about to screwed, so I adjust accordingly.
If it's ADP's error then why are you blaming the bank?
From a moral, ethical standpoint, he shouldn't have spent it. However, it should really only be the bank's responsibility.
And the account holder's responsibility is to notify the bank of the error, not to spend the money. He KNOW if he had deposited that money, and it really belonged to him.
But the story has a moral- don't go off on a spending spree if some beautiful day you find $$$$$ that you didn't deposit in your checking account. They will come looking for that money sooner or later, and if it isn't there, you'll be up the proverbial **** creek without a paddle.
Well I guess he could say he thought the mysterious money was a miracle from G-d ? He is just a teen after all. The banks fault sorry . They need to replace that money. And the bank teller needs to look at accounts more closely.
What criminal charge is there for someone spending money mistakenly given to them ?
Apparently it's a Georgia law against "theft of misplaced or lost money".
But we do not punish for a mistake; if so a lot of employees would be the criminally guilty party in such situations. Just as a bike parked on a sidewalk dose not mean you can take it and keep it. Same thing just money in this case.
I'm pretty sure if the airlines/TSA are able to id the owner, they'd contact them ... ala unclaimed luggage and such.
No. No they do not. You can Google that yourself. If it's an item of value they WILL keep it.
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Originally Posted by jaypee
If it's ADP's error then why are you blaming the bank?
Because again, the law protects the bank, when it shouldn't. In my example, it wasn't the bank that was harmed, it was the employer really - but because of the fact that the law protects NON-consumer entities, all three NON-consumer entities get off scot-free...and the employee has to eat it. That's wrong.
In a proper economy, here is what should happen.
Employer reports to ADP to issue a Direct Deposit for $X.
ADP transmits a Direct Deposit ACH for $Y (this is THEIR error, mind)
Bank receives $Y and credits it to the employee's account. (Bank doesn't know there's an error.)
ADP realizes the issue months later, tells the bank, "hey, we need some of that money back..."
Bank SHOULD tell ADP, "too bad. You sent that money, it's gone. Tell the employer and figure it out."
ADP SHOULD tell employer, "hey, we screwed up and sent too much money out for this employee."
Employer SHOULD go to employee and say, "hey, looks like you got overpaid. We will need to withhold X vacation hours OR withhold your next check since you were basically double paid. Your choice."
Employer forces ADP to pay the money back to their custodian account.
In that scenario, all is right with the world. Bank doesn't get enriched, employer gets theirs back, employee is not put out and put on ChexSystems for something that's not their fault, and ADP, the one who screwed up in the first place, can't whine to the bank...they have to pay out pocket.
Enough payments for these screw ups, they won't screw up anymore. (and I think some employers/banks DO treat this situation the way I described now.)
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