If I left my former employer 3 months ago they deposited salary for an extra month in my account for the month by mistake, what are my rights?

Can they take any legal action against me if I don’t pay back them that amount? They are asking for the amount and telling me that they will take some legal action.

Asked on March 29, 2016 under Employment Labor Law, Texas


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

Answered 4 years ago | Contributor

 The fact is that you cannot benefit from your former employer's mistake. To do so would constitute what the law terms "unjust enrichment", therefore your ex-employer has the riight to sue you for the unearned salary accidentally paid into your account. At this point, to preserve your good name and not have to deal with a lawsuit, you really need to pay the money back. If possible, you may be able to enter into a repayment arrangement with your former employer.

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