Can they threaten him for something that wasn’t his fault?

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Can they threaten him for something that wasn’t his fault?

My husband works at this hotel and
he gets paid every two weeks and
just recently he got a check i
guess that had the wrong date on
it which my husband didnt even
notice it at the time. They
actually gave him the wrong check
that was dated 2015 and
threatening him with the law if he
doesn’t pay his job back. Honestly
how is it my husband fault at
someone giving him the wrong check
its not like he stole it.

Asked on November 11, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the check is dated wrong or otherwise should not have been paid, he has to return it: it's not a question of fault or not, it's that he can't keep money which was paid him in error. (An error does not give you a right to money.) If he returned it, there would be no problem; but if he insists on keeping money to which he is not entitled after being made away that he has no right to it, now he is potentially committing a form of theft--keeping something he knows is not his. It is certainly something he could be sued over: someone may sue to recover improperly paid funds. By refusing to return money which is not his, your husband makes it his fault, even though the original error was not his fault.
 


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