What kind of legal action can they pursue?

My former employer direct deposited funds of
1451.00 into my checking acct 2 months after I
was let go. Actually it was the payroll company
called Paychex that did it. They are now saying
that I stole from them and are threatening legal
action if I don’t pay them back.

Asked on April 17, 2017 under Employment Labor Law, Colorado

Answers:

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

Answered 3 years ago | Contributor

You need to repay your employer, otherwise you will have been what the law calls an "unjust enrichment". In other words, you will have received a benefit which you did not earn. Think about it, had you been accidentally underpaid, your ex-employer would be required to pay you the shortfall. At this point, you should work out a repayment arrangement, otherwise you can be sued and brought to court. Finally, based on what you have written, there seems no chance of you being charged with a crime since you did not steal the money.


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.