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Cantonment Man Charged With Accepting Paychecks After Being Terminated From His Job
March 26, 2019
A Cantonment was charged with felony grand theft after he allegedly continued to accept payment from his employer after he was terminated.
Joshua Asberry Kersh, 28, lost his job on November 23, 2017, but continued to “knowingly and unlawfully accept compensation from his employer,” according to an Escambia County Sheriff’s Office.
The employer discovered the error and contacted Kersh, who allegedly first declined to repay the money.
Documents show Kersh was mistakenly paid $5,850, with $4,788.37 deposited into his account after withholdings.
The arrest report states Kersh later agreed to repay the amount by February 28, 2019, at which time he offered to pay $2,500 and $1 per day until the debt was paid. The employer declined the offer and opted to pursue charges.
Kersh was released from the Escambia County Jail on a $2,500 bond.
Comments
36 Responses to “Cantonment Man Charged With Accepting Paychecks After Being Terminated From His Job”
In any event, the man’s offer to repay was reasonable and I believe the company should have accepted it. I had the same thing happen to me. I contacted HR, who argued with me and told me that they wouldn’t make a mistake like that. So, i just held the money in my account until they realized (3 months later) that they were still paying me. At that point, they deducted the amount from my account. It’s a good thing i had not moved it into a holding account, or I would have been overdrafted. Someone who doesn’t watch their accounts regularly might not even notice the overpayment. Either way, this should have gone to civil court, not criminal. Since he offered to repay, I, personally, would likely not convict him. Of course, this news story may not have all the relevant details.
@ Grand Locust
You dont speak for America or law enforcement
Taking property from another and converting the same for your own use is a crime. Why this was charged is beyond me. The employee should have been given six months to repay. After six months the intent to convert is pretty obvious. Must be getting slow in the SA office. Americans are tired of over charging filling the jails and keeping leo employed..
To everyone who thinks it was ok, and blame the company…let it be the IRS do it to you..and see what defense you have for justifying ill gotten funds.
It doesn’t matter whose fault it is…there is right and there is worn. Some people who argue otherwise had had some terrible morals on right and wrong…
per: stumpknocker.. the COUNTY does it and getting away with it…
GMH commented “I doubt that you will find 6 people that will convict this man”
Wanna bet? – Employer or whoever is doing the payroll is a dolt, and the terminated employee is a thief.
I was just kidding. the employee is at fault. he cannot keep the money. but who would want to work for someone that can’t keep their payroll straight.
The employer made a mistake. The former employee committed a crime by spending the money instead of returning it when he knew he wasn’t entitled to it. Pay is supposed to be in return for your work. If you use funds that don’t belong to you because you didn’t work for it, it’s theft. Not a hard concept, folks, and it’s worrisome how many don’t understand it.
I doubt that you will find 6 people that will convict this man.
Regardless that the employer dropped the ball – the terminated employee can’t plead ignorance on this – he knew he wasn’t owed this money, yet he continued to cash the checks/spend the deposits – it’s not finders keepers nor is it “well I still have checks in the checkbook so I guess I can keep on writing them – nothing but stupidity dishonesty, and greed…
“If you receive an unsolicited item, that you did NOT order, in the mail; it is yours to keep.” for real? That applies to over payment?
I think the employer was totally at fault if he had done what he was supposed to do in the first place this would never have happened so why blame the employee. If someone gives you something unsolicited you get to keep it. Stupid employer.
Something very similar happened at the SO in Santa Rosa county, and neither HR not Fiscal was held responsible. Instead they did investigations on the recipients and gave THEM a black-eye, even though most of them did not realize they had been over-paid! Lack of accountability is bad, but worse when a company does not accept their share of the blame.
Ok… Yes he was wrong, but this company has to be embarrassed by their own actions. They should have worked out a payment plan for him. He needs a good lawyer to help him figure this out. where’s the link to the “Go Fund Me” page?
Maybe he thought it was his severance pay
He must have been on salary. Otherwise, who was turning in hours for him? The fault lies totally with the employer. HR did not get the proper severance paperwork or if they did, dropped the ball. If you receive an unsolicited item, that you did NOT order, in the mail; it is yours to keep. If he had put the unearned funds into a separate savings account and not touched it until the employer asked for it, he could not have been charged with a crime. That’s the way it is for an IRS refund that comes to you in error.
I can understand why nowhere in there article does it mention the name of the company. They are too embarrased to admit that they were that stupid.
Wow!!!!! I can’t believe how many dishonest people there is. This is a criminal offense, keep property or money that is not legally yours. Yes it would have been civil if the business would have entered an agreement verbal/or written but since they didn’t it remained a criminal matter. I promise if these same dishonest people would have had auto drafts taken from there accounts they’d be the first crying about it , unbelievable but this is Escambia County too.
Why should he have to pay his employer back the money that the employer mistakenly payed to social security an medicare
Lots of time u have a couple weeks in the hole. I don’t always remember just how many hours they owe me at end of a job. sounds like BS to me. must have friends in high places to get Kersh charged with a crime
It’s crazy how you all are blaming the employer. Mistakes like this happen.
This is like theft by receiving. He knew he shouldn’t be getting paid but did nothing to stop it. If someone gave you someone else’s property would you keep it or give it back? It’s theft. He broke the law. Why can’t you see that?
If you get more money than you have from a bank atm you would have to pay the money back.
Here’s a great scam. Got an employee you don’t like? Fire him but keep sending him checks. That way you can have him arrested for a felony too!
I see where Mr Kersh has broken no laws.
I am not going to give a lecture on Talmudic Law, I will say to this so called business person, mind thy business and accept responsibility for thine own mistakes.
Solomon would have certainly laughed until his ribs hurt on this one.
If I were the employer, I would have kept my mouth shut and bit the bullet.
Any business with accounting and disbursement practices such as these, I would be embarrassed for the public to know.
What was the name of that business?
@ bewildered: no, but I’m sure Century will loan him money. Maybe with a 750 year payment plan.
I think ill just lay around the house until the checks stop coming in maybe ill spend a little time at the beach.
Just Saying has it right, for the law to be involved is ridiculous.
Sounds like a civil matter not a criminal matter!!
Was he employed by the Town of Century?
I wonder if the government will have to refund the money for taxes.
Being in payroll dept myself, I can see within a unit this big, miscommunication between departments this could easily happen. BUT, he should have been honest enough to make it right, some people think they are owed something, especially depending on his exiting circumstances.
Reminds me of cases we’ve read about where the family has continued to accept Social Security direct deposit payments on persons who have died.
Same thing, not legal to accept the SS payments for a deceased person or spend the money either.
What company continued to pay the man?
How could someone in the company continue to write paychecks for someone who doesn’t work there? Owner should be looking for new employee and also look to see how many others were paid while not working. What kind of manager does not keep a sharp watch on expenditures?
That sounds like it should be a Civil Case, not criminal.
Wait. They mispaid him…as in wrote him checks, or direct deposited to his bank account… In error. Granted, he should have not spent the funds and should have given it back. It was dishonest, no doubt But how on Earth is this a criminal matter and not civil? Unless he actually stole the checks and wrote them to himself…Something sounds fishy.