If my former employer deposited the incorrect benefit amount, am I liable to return this money?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my former employer deposited the incorrect benefit amount, am I liable to return this money?

My former company mistakenly deposited more money into my account for my retirement payout than I was supposed to receive. I was not aware that this was the incorrect amount because of the changes in the stock market. I was just informed 30 days after the deposit was made to my account that they want the money returned.

Asked on May 1, 2018 under Employment Labor Law, Wisconsin

Answers:

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

Answered 3 years ago | Contributor

Yes, you are responsible for paying your former employer back. The fact is that an overpayment that has mistakenly been made is money that has not been earned. To keep it would unjustly enrich you which is something that the courts disfavor. Accordingly, you must return any monies accidentally deposited. And think about it; if you had been accidentally underpaid, then your ex-employer would be responsible to make up any shortfall. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption