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?


Asked on 6/06/07, 12:29 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

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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Answered on 6/06/07, 12:39 pm


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