Missing employee - overpaid

scraft

One of our employees did not returned to work. He was in a car accident on his way home and totalled his vehicle (he is not injured!).

We pay our employees on a semi-monthly basis. He only worked 6 days. His supervisor came to me on the next day and I tried to call him on day 8. We spoke, and he told me he did not not think he could come back to work at this time.

I told him that we had already processed payroll and he was overpaid. I told him we would be reversing his direct deposit and would issue a manual check for the actual hours worked. He understood.

Today (one week later because I was on vacation), I've been told that the account has insufficient funds. Now he has the first paycheck and the 2nd corrected one.

I don't think this individual is being malicious, but the employee did have a car accident, totaled his car and lives 60 minutes from work.

I have drafted a letter asking for the funds from the first check be returned before we seek legal counsel, but wanted to get some ideas/opinions on this matter. He is not owed much in his vacation account to offset the overpayment.

Is "no show" considered gross misconduct?


HELP!

Sue

Don D

Sue: I was amazed that your question had nothing to do with the facts in your post. You said the second check would be a manual check. Why then did accounting direct deposit it? If both were direct deposited and the time passed for your check people to reverse the deposit, you're stuck. If you get no response to your letter requesting a return of your money, you might as well cut your losses and move on. It's not legal to withhold things like that from a final check even when the final check due is for vacation. But, I'd probably do it anyway. Unless I lived in California.

Your question about gross misconduct seems related to unemployment, I'm guessing. Let the UI system rule on whether or not it's gross. In my state the word gross was dropped from the definition. Simply not showing up for work will rule him ineligible more than likely. Even if he's medically disqualified, he still doesn't draw.

Theresa Gegen TX

You will probably never get your money back. Stop payment on the 2nd check, and tell the former employee you have done so -- it should not have been issued until the reversal of direct deposit was complete.

Good Luck!

Rockie

Sounds to me like this guy knew exactly what he was doing. He snatched the first check and was waiting in line at the bank when the second set of funds hit his account. You can probably kiss this money goodbye. Threatening legal action might work, but most people of this moral fiber are not the least bit deterred by this threat.