MONEY MORAL DILEMMA: Should Theo tell the boss about Wayne and Jermaine?

dave2 · 10 March 2010 at 1:21PM

They're committing fraud, no ifs or buts.

Yet I'd probably still wimp out, do a little overtime and report that I'd "uncovered" a glitch.

ani_ka0 · 10 March 2010 at 1:37PM

A tricky one, personally it would depend who the boss was, I would like to think I would tell - it is not right for them to be earning more - its not fair and not justified, and should be stopped.

Mouseman · 10 March 2010 at 2:00PM

Once more I have to bang on about the Theft Act. This is dishonest appropriation with the intent of permenantly depriving. (as it reads in the one paragraph blurb! lol).

There was a policewoman who was overpaid. She realised and let it sit there. She was charged with theft.

Legal linky: http://www.a-level-law.com/criminal/theft.htm

Salient points:

Accepting a gift is an appropriation. See R v Hinks.

This was discussed in: Attorney-General’s Reference (No 1 of 1983) – The defendant, a policewoman, was overpaid. The money was credited to her bank account as a result of an error by her employer. The evidence suggested that having discovered the overpayment, the defendant simply allowed the money to remain in the account. She was charged with theft of the sum overpaid but the trial judge directed the jury to acquit. The question of whether a charge of theft was possible in such a situation was referred to the Court of Appeal. It was decided that provided there was sufficient evidence of mens rea, a charge of theft could succeed in such a situation. The defendant had got property (the excess payment) by another’s mistake and was under an obligation to restore the debt (a chose in action) to her employer. Further, Lord Lane CJ suggested that s5(4) only started to operate from the moment the defendant became aware of the overpayment.

I wouldn't simply rule out the idea that they can be asked/made to repay the excess!

A similar case involved an overpayment by a bank (by a couple of zeros on the end) where the money was sent to a third party and subsequently spent. This was appropriation of that belonging to the issuing bank and was deemed theft.

In this case, once the two have discovered the overpayment, they are legally obliged to repay it as an outstanding debt.

daffodiltulip · 10 March 2010 at 2:18PM

Liz1957's suggestion is the best out of that lot, or, Theo could anonymously let whoever needs to know, IT perhaps, that there's a problem in that area. Once it's discovered, they are bound to look into how long the problem has existed and who has been overpaid their overtime during that period. They may well then take steps to recoup the overpayments. Theo's boss may not be completely straight and it could prevent Theo from getting a promotion if he tells all!

[Deleted User] · 10 March 2010 at 3:02PM

I wouldn't say anything, it's not going to make me better off. And I really don't think that if Theo told anyone it would make a difference to anyone's pay packet. If it's a private business and not a public service call centre, then lets face it, the executives in the company will be making a lot of money, while everyone else will be working for low wages. maybe if they paid better wages Wayne and Jermaine would have been a bit more honest about the discrepancy in their wages. The fact is it doesn't matter what the profit of a company is, people are still paid as low as possible. You always hear about companies making record profits etc, but you don't then hear how they're therefore raising all employees wages- because it doesn't happen. Chief executives just get bigger bonuses. I also think it's highly unlikely they would be sacked- maybe the police woman didn't win her case as the police can't join a union, so she didn't have anyone to fight her side when it was first discovered?

daveprince37 · 10 March 2010 at 3:17PM

keep quiet and think well done - for getting one up on the system! :T

Thegirl · 10 March 2010 at 3:22PM

My contract of employment says that if I am overpaid then the company can take back the overpayment out of my future salary. As far as I can recall so have all of my employment contracts.
I would tell my boss. A more subtle way to do it would be to do some overtime then point out the overpayment if one was made as someone else suggested.
They know they shouldn't be getting the money. It's coming out of the companies profits which affects all of the employees.
I have been overpaid before and pointed it out.

walrrrus · 10 March 2010 at 3:46PM

daveprince37 wrote: »

keep quiet and think well done - for getting one up on the system! :T

I once worked for a large tech support call center that had 4 days on/2days off shifts. I worked for them for 5 years; during my last week I worked 4 days but got paid for 5. 3 months after I had left I got a letter demanding I repay my extra days wages or they would see me in court; they persued me with threats of courts, solicitors and baliff's until I came to an arrangement with them - all for around £100. I checked with CAB and they were correct, so repayment was made.

Even though it was thier error I still had to repay them.

robpw2 · 10 March 2010 at 3:50PM

id have to tell lol not brcause of sour grapes but because im too honest

tedster123 · 10 March 2010 at 4:01PM

why would you feel the need to tell - companies screw you every chance they get,

they are getting a bit more pay
company probably underpays them anyway - they will pay them just enough so they dont leave (little bit bitter)

sounds more like jealously that they are getting paid and he isnt

then less about honesty and more about jealously

wouldnt say anything

MONEY MORAL DILEMMA: Should Theo tell the boss about Wayne and Jermaine?

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