DoI need to paymy former employer back if they had mistakingly paid me?

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DoI need to paymy former employer back if they had mistakingly paid me?

I received a payroll check after I was laid off.

Asked on November 15, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you have to repay the employer. A mistake does not create a right or entitlement to the money. So, just as you would--correctly--expect to be repaid if you accidentally wrote your plumber, accountant, or lawyer a check for too much, or accidentally sent him or her a duplicate check, so do you have to repay your employer if it accidentally overpaid you in some way. If you do not, they have the option of suing you for the money.


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