My husband was fired from his job but he is still getting a check deposited into my bank account, can they come after him for the money?

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My husband was fired from his job but he is still getting a check deposited into my bank account, can they come after him for the money?

He was fired from his job 2 months ago.

Asked on December 11, 2010 under Employment Labor Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your husband could be charged with larceny for continuing to accept the checks.  You could be charged as an accessory to larceny since the checks are being deposited in your account.

Larceny is a criminal charge.  Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive.  By accepting and depositing the checks, there is the requisite intent to permanently deprive the company of its funds.

It is also possible that a lawsuit for fraud could be filed for accepting and depositing the checks.  Fraud in this case would be the nondisclosure of receipt of the checks.  Fraud is both civil and criminal.  In a civil suit for fraud, the company would seek to recover the amount of the checks received for unearned wages.


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