Legal Question in Banking Law in Pennsylvania
direct deposit law
If an employee continues to be paid through direct deposit by their former company after taking a different job are they guilty of a crime or is this just an unpunishable accounting error?
1 Answer from Attorneys
Re: direct deposit law
You asked about retaining unearned income.
A person isn't guilty of a crime by allowing money to be sent to his/her bank account automatically. The person would be guilty of a crime if they used that money in any way, once s/he realized it wasn't their own money. Also it would be criminal to refuse to return the unearned money.
Once the person realizes the situation they are under a responsibility to make reasonable efforts to correct the situation. The person would also be under a responsibility to repay the money at least at the same speed it was paid out.
Regards,
Roger
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