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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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