What can I do if I have an employee that was substantially overpaid and accepted the paycheck and refuses to give the money back?

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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 6 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.


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