Still receiving wages 1 year after leaving job

hayder88

I am still receiving wages from a large corporation I left more than a year ago. I have informed them twice previously through their customer services and nothing happened so I contact the CEO's team directly.

I have stopped receiving wages from the corporation however they are not responding to my communication telling me what will happen next.

In what way am I liable? can I go to court? will they refer me to a debt collector? have I broken the law even though I did not in a way de-fraud the company and asked them to stop paying me on several occassions?

Helpful insight into the situation would be appreciated greatly.

Regards,
H.

zorber

You havent broken the law, you have informed them 3 times that you shouldnt be paid and they continued. They could request the money back so dont spend it. If they wont reply to you keep evidence that you have enquired on how to payback or have asked what the next step is. If the dont contact you just keep the money safe in a savings account and make what little interest you can off it whilst you have it. Its not like you have tried to hide this from them.
I assume at some point in the future you will be asked for it back.

The_Zealot

But I think the issue here is, for argument's sake:

1) Is hayder88 obliged by law to return any of the money regardless of how many times hayder warned the former employer? Why?
2) In case hayder88 never got a written notification that the contract would not be renewed, only a few days before the last day, in person, is hayder88 obliged by law to return any of the money? Why?
2.1) And if it was by the end of the probation period, but still no written notification?
2.1.1) And if the contract was a 3 month renewable contract, but still no written notification?

I think I'm covering most angles here. So what does the English law say?

Debt_Free_Chick

The_Zealot wrote: »

But I think the issue here is, for argument's sake:

1) Is hayder88 obliged by law to return any of the money regardless of how many times hayder warned the former employer? Why?

Yes - because it's not his (assuming a "he") money and he knows he was not entitled to it.

2) In case hayder88 never got a written notification that the contract would not be renewed, only a few days before the last day, in person, is hayder88 obliged by law to return any of the money? Why?

I don't see any "renewal of contract" issue, but on the basis that the OP has not worked and the employer has not indicated that he should have worked and there is no other reason to suspect that the contract of employment was not terminated, then he is not entitled to a salary. Of course, if he resigned, this question becomes irrelevant.

2.1) And if it was by the end of the probation period, but still no written notification?
2.1.1) And if the contract was a 3 month renewable contract, but still no written notification?

Ditto.

The facts are that hayder88 is in no doubt that his employment terminated. He may well have terminated employment by reason of resignation.

If he did not resign, was not dismissed, not suspended, not on other authorised leave .... then we need to understand more.

DrScotsman

I don't know much of the law in this case, so this might not be good advice. But I say just send them a recorded letter saying that any further wages deposited into the bank account you will assume are intended. And maybe give them a time limit to collect the previous wages back?

I think there's a time limit for unsolicited goods, same count for money?

esuhl

Again, I'm not totally sure of the relevant law, but I *think* that the OP...

* Has an obligation to inform his previous employer of the error and make reasonable attempts to return the cash (which has already been done by the sound of it).

* Look after the money, not spend it (even if the intention is to repay it) and not gamble/invest it

* Return it when asked.

I believe there is usually a 6 year deadline for claims such as this. So give it another 5 years and the money is yours.... I think!

Lokolo

Basically here it is:

The OP is in 'debt' to the company (as he owes them money).

After 6 years if the debt has not been acknowleded by the debt collector then the OP does not have to pay it back or acknowledge the debt is his.

http://www.insolvencyhelpline.co.uk/debt_factsheets/liability_for_debts_and_the_limitation_act.php

----

However in the meantime if you spend the money they will take you to court and you will lose.

Put the money in a savings account, it stops you spending it and you get some interest off of it (which you can then spend).

dmg24

DrScotsman wrote: »

I don't know much of the law in this case, so this might not be good advice. But I say just send them a recorded letter saying that any further wages deposited into the bank account you will assume are intended. And maybe give them a time limit to collect the previous wages back?

I think there's a time limit for unsolicited goods, same count for money?

I have seen some pretty bizarre applications of the Law on MSE, but I can assure that this situation would not come under the legislation regarding unsolicited goods!

hayder88

Lokolo wrote: »

However in the meantime if you spend the money they will take you to court and you will lose.

Put the money in a savings account, it stops you spending it and you get some interest off of it (which you can then spend).

Thank you for your post. What happens if I have 1/4 the amount and it does go to court? are we talking about prison?

Stubbarama

Hayder, im assuming that you moved onto another job ? Obviously we dont know your salary but being paid from 2 jobs may have an impact on your taxation. You could be charged more than you need to at the moment or may run into trouble in future.

I would speak to your local tax office and advise them of the situation and see what they say.

DrScotsman

hayder88 wrote: »

Thank you for your post. What happens if I have 1/4 the amount and it does go to court? are we talking about prison?

I believe this is a civil matter so of course not prison, you'll only be liable for the company's losses. If it is considered fraud then there may be prison, so does anyone think it's fraud? Because I don't.

If it is demonstrated (or not demonstrated the opposite, don't ask me who the burden of proof lies upon for any of this), that you knew the money wasn't yours, then you will almost definitely be found liable. If otherwise, there is a chance you will be let off, although it will depend on your financial circumstances I think.

But that's jumping the gun. The company will probably offer a way for you to pay your debt first I think.