Employer overpaid employee after letting them go

Employer let employee go after hiring for 8 weeks of training. Last paycheck included 37 hours of extra pay that was not worked due to employer not informing payroll department of employee being let go. Letter was sent in the mail and an email follow up requesting those 37 hours pay be paid back. Money was direct deposited, no timesheet was filled out for the week that was paid.

Asked on December 13, 2017 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An employee (or ex-employee) is liable to repay an employer for any accidental overpayments made. The fact is that such pay has not been earned so to allow an employee to keep it would constitute "unjust enrichment", something that the law disfavors. Accordingly, the employee is legally obligated to return it to the employer. And when you thnk about it it makes sense. If an employee is mistakenly underpaid, then their employer is liable to payout the difference to them.

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