When an Employee Double-Dips On a Paycheck, Who Pays? (2024)

Remember this?

Suppose the chip is a check, and the employee tries to cash it twice? Who would you rather be, Costanza or Timmy?

Staffing agency clients are increasingly pointing to a fraud committed by disloyal short-term employees. They cash a paycheck on their mobile app, then deposit the paper check a second time for duplicate payment. The check clears twice. Who must pay?

While this problem can arise in many scenarios, including with regular W-2 employees, it seems to be occurring more frequently with staffing agency employees, PEOs, temps, and other short-term workers. So let’stake a look.

I found a few good blog posts covering this subject (for those wanting more detail, try here orhere), but here’s the bottom line:

The Check 21 Act, passed in 2004, addresses what happens when a bank allows its customers access to a mobile deposit app. When a customer electronically deposits a check, the bank creates an electronic image of that check, called a “substitute check.” This is what you sometimes see when you view your statement online. It’s negotiable, like a live check.

The original live check, however, still exists too. A fraudster who acts quickly enough can sometimes cash both. Under the Check 21 Act, the bank that creates the “substitute check” — the bank that allowed its customer access to the mobile check cashing app — is the bank that bears responsibility for any loss from the twice-cashed check.

This makes sense. Because thatbank’s customer is the fraudster who double dipped, that bank is also in the best position to recoup the funds from the double-dipper.

Staffing agencies, payroll agencies, or PEOs who issue a twice-cashed check are sometimesasked to make good on the same payment twice. They shouldn’t be. If the double dipping occurred through an electronic “substitute check,”, they can point to the Check 21 Act, specifically 12 USC§5004, and argue that the double-dipper’s bank is properly accountable.

Note: The Check 21 Act only applies to electronic double dipping. If an employee claims to have lost an original live check and obtains a substitute, then cashes both checks, different rules apply.

© 2017 Todd Lebowitz, posted on WhoIsMyEmployee.com, Exploring Issues of Independent Contractor Misclassification and Joint Employment. All rights reserved.

When an Employee Double-Dips On a Paycheck, Who Pays? (2024)

FAQs

When an Employee Double-Dips On a Paycheck, Who Pays? ›

Because that bank's customer is the fraudster who double dipped, that bank is also in the best position to recoup the funds from the double-dipper. Staffing agencies, payroll agencies, or PEOs who issue a twice-cashed check are sometimes asked to make good on the same payment twice.

Who is responsible for a check deposited twice? ›

You are right that banks are generally responsible for double presentment. The Check 21 Act, which is a federal law that governs the processing of checks, states that "the bank that presents a check for payment is responsible for any losses that result from the check being presented more than once."

What is double dipping in payroll? ›

It's important to note that having two jobs is not necessarily illegal on its own—employment double dipping involves receiving income from two sources when the fraudster isn't actually fully working both jobs. This can be due to divided attention, missed deadlines, and other failures to meet their job responsibilities.

How does double dipping work? ›

The chargeback-refund double dip is an increasingly prevalent ecommerce scam, which can cause considerable financial losses for affected companies. In short, it refers to various schemes to “have your cake and eat it too”, times two – that is: get a refund for an item. receive a chargeback for the same item.

What is double presentment? ›

Imagine the following scenario: An employer issues a physical check to an employee (or another individual). The employee mobile deposits the check into their bank (Bank A). Then, the employee quickly takes the check to a fast-cash check cashing store and deposits the check again. This is known as double presentment.

What happens if I deposit a check that has already been deposited? ›

The bank may later identify the duplication, leading to the withdrawal of the funds and possibly imposing fees for the error. It's wise to approach this situation with caution. It would be prudent to contact your bank directly to explain the situation. Ask them to verify whether the check was previously deposited.

Is it illegal to double deposit a check? ›

If you do it intentionally, yes, it is fraud and you can be prosecuted. But, your chances of doing it successfully are very slim. You can DEPOSIT the check, but the funds won't be available for withdrawal until it clears its home bank.

What is the double dip rule? ›

To avoid any confusion, the basic formula for “double-dipping” is the following: An individual entrant can only been recognized once for the same job function, utilizing the same program content. DOUBLE-DIPPING. No entry may be submitted in its entirety in more than one content category.

What happens if you double dip? ›

In his 2009 research on the microbial consequences of double-dipping, which remains the most widely referenced study on the practice, Dawson found that the practice does transfer bacteria from mouth to dip.

Is double dipping against the law? ›

It is a common white-collar crime that most people understand; however, fewer people have heard of the crime of double-dipping. This is an illegal practice that often happens when a broker handles a client's account for a fee and charges an additional commission fee, which allows them to obtain money using two methods.

What is double dipping income? ›

Double dipping is the practice of receiving two incomes from the same source. In the financial industry, double dipping occurs when a financial professional makes money from both the commission and the fee associated to manage an investor's portfolio through a managed-money account.

What are the disadvantages of double dipping? ›

The Transfer of Bacteria: One of the main concerns with double dipping is the potential transfer of bacteria from the mouth back into the communal dip. Research has shown that when a person takes a bite of a chip and then re-dips it, bacteria from their mouth can indeed end up in the dip.

What is considered a double dipper? ›

Definitions of double dipper. someone who draws two incomes from the government (usually by combining a salary and a pension) type of: earner, wage earner. someone who earn wages in return for their labor.

Can you tell who cashed your check? ›

No. A bank statement will have the check number, amount and what date the check has cleared. You may be able to get the name of the person who cashed the check through other means (such as a physical examination of the actual cancelled check), but this information will not appear on the actual bank statement.

Why did my check deposit twice? ›

This can happen if the depositor fails to properly track and record previously deposited checks, leading to inadvertent duplication. Additionally, technological errors or glitches in banking systems can occasionally cause automatic duplication of deposits, even if the check is only submitted once.

What if I accidentally deposited someone else's check? ›

Contact your bank immediately and let them know about the fraud. Request that they don't take any negative actions against you. If you've already spent the check amount, try to negotiate a repayment plan so that you aren't charged additional fees.

Who is responsible for a returned check? ›

If your financial institution doesn't cover the check, it bounces and is returned to the depositor's bank. You'll likely be charged a penalty for the rejected check; this is a nonsufficient funds fee, also known as an NSF or returned item fee. This typically costs about the same as an overdraft fee.

Can a check be endorsed twice? ›

You can technically give it to anyone else. So if Person A writes a check to Person B, Person B can endorse the check to Person C. Person C will endorse and deposit it at the bank. That's called a double endorsem*nt.

When a deposit is made in a bank account, the bank issues a check.? ›

When a deposit is made in the bank account, the cashier issues a receipt in which the name of the depositor, denomination of currency deposited, account number, and total sum deposited is presented with seal and sign of the cashier. This receipt act as an evidence that money has been deposited to the bank account.

Do banks put checks through twice? ›

Generally, a bank may attempt to deposit the check two or three times when there are insufficient funds in your account. However, there are no laws that determine how many times a check may be resubmitted, and there is no guarantee that the check will be resubmitted at all.

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