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


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.

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