Do you have to pay back money from an incorrect deposit from an employer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do you have to pay back money from an incorrect deposit from an employer?
I received a direct deposit last week from a freelance company I’ve worked for in
the past. I haven’t worked for them in a while though, so no money is owed to
me. I’ve called them 5 times this week and they have yet to do anything about it.
What should I do?
Asked on August 4, 2017 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Legally, you are responsible for repaying this amount. Under the legal concept of "unjust enrichment", a person cannot benefit from the mistake of another as it would be inequitable. Think about it, had you not been paid what you were owed, then you would have an actionable claim. At this point, you should send them a letter, RRR. If there is still no response, then you can keep the money for the time being but know that at some point they might ask you for it back.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Legally, you are responsible for repaying this amount. Under the legal concept of "unjust enrichment", a person cannot benefit from the mistake of another as it would be inequitable. Think about it, had you not been paid what you were owed, then you would have an actionable claim. At this point, you should send them a letter, RRR. If there is still no response, then you can keep the money for the time being but know that at some point they might ask you for it back.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.