Legal Question in Employment Law in Pennsylvania

Employment & Labour law...

Someone I know got a job offer and they ended up turning the offer down at the last minute. But the person keeps getting pay-checks from this firm they turned down the offer for. Is the person committing an illegal act by retaining the money and not letting the firm know about this? Also, when the firm had made the payment at no fault of the receiver, could they claim legal rights to the money they had paid? I am curious because this seems to be a rare case.


Asked on 8/04/07, 11:56 pm

2 Answers from Attorneys
Brian Malkin Malone Middleman, PC

Re: Employment & Labour law...

You cannot keep money for doing nothing. The company is entitled to all of it back immediately.

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Answered on 8/07/07, 1:57 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Employment & Labour law...

You asked about what someone should do if they are receiving checks that they did not earn.

The person can retain the checks, but is actually committing a crime each time they cash one of the checks. Not prospectively, not might be, but s/he is committing a crime simply by cashing the check.

It doesn't matter that the employer screwed up. Mistakes happen. but it is wrong of a person to take advantage and try to keep the money. nor does it speak well of such a person's character that they 1) have not made the employer aware of this immediately, 2) tried to keep any of the money.

Regards,

Roger

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Answered on 8/05/07, 1:32 am


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