If I quit my old job and was paid my last paycheck for the time but subsequently received another check for $65, am I legally required to return it?
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If I quit my old job and was paid my last paycheck for the time but subsequently received another check for $65, am I legally required to return it?
Am I expected to return this money?
Asked on December 24, 2015 under Employment Labor Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Whatever the reason for getting this money, an employee (or former employee) is responsible for repaying their employer (or former employer) if it is demanded. An error does not entitle someone to keep money they did not earn; an employee has no right to the extra money and must return it.
Look at it this way, if your employer accidentally underpaid you, you would want them to make up the difference, wouldn’t you? And you’d have a legal right to make them do so.
Bottom line, if your ex-employer makes a demand for the money you should consider repaying it. While you probably won't get sued for it considering the low amount involved, you could jeopardize a future reference if you don't.
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