Paid too much - keep quiet or come clean?

TBagpuss

Tell employer

The question is effectively "Should I steal from my employer and hope they don't find out?"

Both legally and ethically the answer is that of course you tell them.

And you are wrong to suggest that it isn't your responsibility. There is an implied term in employment contracts to act in good faith, and if you knowingly conceal an error to gain a financial advantage you are clearly breaking that.

And if honesty isn't a concern, you might like to bear in mind that they would not need proof that you knew and concealed it, to take disciplinary action for [gross] misconduct - they just need a reasonable suspicion and to follow a fair process in disciplining you.

spadoosh

Anyone got a real world example of someone being sacked because they didnt inform their employer that they had mistakenly overpaid the employee? Or you all just being indignant and virtuous?

ohreally

Earnshp wrote: »

(a successful financial investment company)

Couldn't they simply be investing in their employee.

TBagpuss

Tell employer

spadoosh wrote: »

Anyone got a real world example of someone being sacked because they didnt inform their employer that they had mistakenly overpaid the employee? Or you all just being indignant and virtuous?

Technically no, although I do know of a real world example where someone was invited to a disciplinary meting in those circumstances and promptly resigned.

Personally, I'm not indignant - OP doesn't work for me, but if he did, in the specific situation where he had a previous over payment where he was given the benefit of the doubt, and allowed to keep the money, and therefore he has actual, personal knowledge that payroll may make errors, I would find it very hard to believe that he would not have checked that it was right when he got a pay rise. That being the case, it would appear that it's more likely than not that he knew he was overpaid and chose not to disclose, so he's just taught me he is dishonest. That's not someone I'd want working for me.

Of course, in real life, I would also be weighing what I knew of the person and their character, and their specific role, - but absent any evidence that the person really didn't know I would absolutely be looking at disciplinary procedures.

My view would be different if this was the first time it had happened, but the fact that it is the second time would be a huge red flag, as I would struggle to believe that they didn't know.

Marvel1

Tell employer

Earnshp wrote: »

I have no doubt they will discover the error, but it is not my error and I'd be an idiot to admit I knew there was an error, should it be my responsibility to ensure they do their jobs correctly?

Also your responsibility to ensure your pay is correct.

gettingtheresometime

Tell employer

TBagpuss wrote: »

Technically no, although I do know of a real world example where someone was invited to a disciplinary meting in those circumstances and promptly resigned.

Personally, I'm not indignant - OP doesn't work for me, but if he did, in the specific situation where he had a previous over payment where he was given the benefit of the doubt, and allowed to keep the money, and therefore he has actual, personal knowledge that payroll may make errors, I would find it very hard to believe that he would not have checked that it was right when he got a pay rise. That being the case, it would appear that it's more likely than not that he knew he was overpaid and chose not to disclose, so he's just taught me he is dishonest. That's not someone I'd want working for me.

Of course, in real life, I would also be weighing what I knew of the person and their character, and their specific role, - but absent any evidence that the person really didn't know I would absolutely be looking at disciplinary procedures.

My view would be different if this was the first time it had happened, but the fact that it is the second time would be a huge red flag, as I would struggle to believe that they didn't know.

Not to mention that if the OP's industry is anything like my husbands, people talk about other people and I've known people get jobs, as well as not be offered jobs, because of these conversations.


So whilst it might seem like a good idea now to keep quiet about your employer's mistake, it could have long term professional implications.

yellowbear

I took a week's unpaid leave last year, and was paid for it. I spoke to the boss who was very grateful and let me 'keep' it. Instead of paying it back I'm doing 5 training days unpaid.

Socajam

If you don't tell them, how much better are you than the thief?
Ask yourself this: is your integrity more important than stealing money that was overpaid to you?
Only you can answer that question and determine whether it is worth whatever the outcome will be - now or in the future.
Also if your pay was short, how soon would you have informed the payroll department - probably the same day or next?

Jonathan_Kelvin

Tell employer

Earnshp wrote: »

I have no doubt they will discover the error, but it is not my error and I'd be an idiot to admit I knew there was an error, should it be my responsibility to ensure they do their jobs correctly?

No, but it is the honest thing, and if a member of my staff did what you are planning to do then they’d be at the front of the queue if any jobs were to be cut.

I know that you won’t view it this way, but it’s theft. Being the sort of person who’ll do this, put short term gain ahead of longer term negative consequences is likely a large part of the reason that you aren’t doing as well as you’d like. It’s self sabotage.

Pajaro

There is no way you could get sacked for gross misconduct by keeping quiet as they would have to prove you knew you got paid too much.
Unless it says travel expenses * 2 on your pay slip no employment tribunal would take the employers side.

You must come clean if you are below the 2 year limit as employers can sack you for any reason other than a protected characteristic like race and gender. If you are a white male then you cannot even use this which is hard to prove anyway.

As for whether you should come clean if you are above the 2 year limit and can no longer be sacked for no reason, that is both a moral and a business decision. If morals do not bother you then consider what your employer would think of you when/if they found out and suspected you kept it hidden from them. People at work need any reason to ruin someone's career.