What can I do if I have an employee that was substantially overpaid and accepted the paycheck and refuses to give the money back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if I have an employee that was substantially overpaid and accepted the paycheck and refuses to give the money back?
Normally when he gets his paycheck, they range from $80- $100, however he took a check for over $8,000 and cashed it. He refuses to give the money back
Asked on March 9, 2015 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can sue him for the money: a mistake does NOT entitle a person to keep money to which they are not otherwise entitled. He is only entitled to the wages that he earned for that period, and as long as you could show in court, by a preponderance of the evidence (more likely than not) that he should have received a much lesser amount, you could recover the balance over that. You could also, of course, fire him if he does not have an employmet contrat guarantying his employment, since without a contract, all employment is employment at will.
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.