I quit a job in Florida and they have continued to pay me can they prosecute me

UPDATED: Oct 1, 2022

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I quit a job in Florida and they have continued to pay me can they prosecute me

I quit a job in Florida move back
to South Carolina in the job
continue to put money in my
account and I want to know if they
can prosecute me

Asked on May 16, 2018 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you did not cause them to keep paying you (e.g. did not do something to their payroll system or trick payroll staff in some way), you cannot be prosecuted for receiving the checks--if you did not cause them to be issued, you did nothing criminal. Being guilty of a crime requires both a criminal act (so causing something to happen) and criminal intent (knowing what you were doing).
If, or more likely when, they discover the error and seek the money back you will have to return it; if you fail to do so, they can sue you for the money and will win, since someone else's mistake (e.g. continuing to pay a former employee) does NOT legally entitle you to the money. If you refuse to return the money when they ask and force them to sue, they may be able to get their legal/lawyer fees from you, too.

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.

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