I received my benefits warn check via direct deposit, 3 days later I got a second direct deposit in the same amount. I spoke with someone else that was let go and they too had received a second check. Now 2 weeks later HPE send me a request for me to cut them a personal check back as they did this in error.
I know morally and ethically I should return the money, However, do I legally need to return it?
Close your account. Let them prove it. Don't keep it open or they can yank money out anytime.
U don't. Close your account that way they can't yank any more money out if u are paying bills. Get another account and live your life. Tell them to such it. What check you talking about? I never got no check. Accounts closed they can't go after you.
From a moral and ethical point of view I'm not able to give an opinion as I don't know you (did you never cheat on your timesheet, did you never used printing paper for private stuff) and your work performance (hero or zero or in between), but from a legal perspective you are not entitled to keep this money, regardless who did what kind of mistake - at court you will lose.
BUT, first of all HPE is currently busy with this spin-off-merger with CSC and then later on again busy with Micro Focus, so that you are not their #1-problem and second, I would not agree that I have to do something or taking actions to resolve their failure. Either they propose a solution to get rid of this problem without taking me any actions (they won't be able to do so) or they shall compensate me for my burden and my inconveniences (like I have to take a half day off of my new job, drive with my car and with my gas to the bank, check my current account, issue and sign a check, drive home, etc...). They have to compensate me for all these efforts, so that depending on the amount you've received twice maybe HPE will prefer to write it off and release you from your obligation to pay it back.
I would ignore the letter. If they persist I would simply tell them you'll be glad to pay them back once you get another job. Regarding debiting your account I don't think they can do that but I would check with your bank. Don't make it easy for them. As many layoffs as this place is having my guess is that the dept that made the mistake will be gutted in the next wave anyway so you may not even need to worry about it.
I would keep it, unlikely the company would pursue such a small amount of money
If it happens to me it won't be returned and if they try a debit I will sue as it is against the law in PA to do that without my signature permitting a debit.
So sue me HPE, if your payroll was located in th he US maybe these mistakes would not happen,????5
1aqg- You're right you're not a lawyer. My guess is you're the one who made the payroll mistake. This is a perfect opportunity to cast HPE in the negative light that it deserves. Feel free to threaten all you want.
Note: I am not a lawyer.
The earlier suggestion about taking them to court and dragging it out is downright stupid. They have money for lawyers and they will absolutely win under the Fair Labor Standards Act allowing them to recoup their overpayment. How they will recoup will vary with your state's laws. If you drag it out, the winners will be the lawyers and the losers will be you and HPE.
You've already had to deal with the complications of a layoff. Wouldn't you want to just cut ties with HPE and move on to your next stage in life?
A search of other people who have had the same problem may give you ideas regarding your situation:
https://www.reddit.com/r/legaladvice/search?q=overpaid&restrict_sr=on
If it were me I would make it as difficult as possible for them. Let HPE go to the expense of taking you to court. If you lose, negotiate a payment plan over the next 12 months to pay it back. Get some media attention, Meg gets a multimillion dollar bonus and ex-employees are being required to give back their severance pay. They made your life difficult, return the favor.
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I have been doing a lot of reading on this, I did find an article that Microsoft did the same thing, but revered its request as it makes the severance letter we have to sign invalid and the employee can sue. http://www.cio.com/article/2430532/careers-staffing/severance-pay-mistakes--a-quick-guide-to-employee-rights.html I know of a few people this has happened to and technically the company would have to take people to court to get monies back if the ex-employee wont/cant pay back money.
It seems like a large lawyer expense to take 2-20 people to court for a $1500-4000 over payment, not to mention if this ends up in the news.
You'll have to return it. Intel did the same thing last year.