Legal Question in Employment Law in New York
overpaid wages
Recently, I was mistakenly given a check in the amount of $123000 for a week's worth of work instead of $1230. Can I legally put this money in an interest bearing account until they discover their mistake? And, if so, can I keep the interest as long as I give back the principle minus my legitimate $1230?
2 Answers from Attorneys
Re: overpaid wages
Knowing it's a mistake, you would be committing a crime if you were to deposit the money. Perhaps more importantly, you'd also be risking your job. Finally, you also run a good chance of the check being returned for insufficient funds, particularly if they made the same mistake with others.
If it were a direct-deposit situation, I'd have different advice, but depositing a check you know (Knowledge plus Guilty Intent) is in error would be a mistake.
To steer clear of any potential trouble, I would recommend you return the check and hope that your honesty is rewarded.
Let me know how this turns out for you.
Re: overpaid wages
As soon as you deposit the check you would be committing a felony.
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