If I’ve been fired but my previous employer is still paying me regular paychecks, can they ask for the money back?

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If I’ve been fired but my previous employer is still paying me regular paychecks, can they ask for the money back?

Asked on January 31, 2012 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your previous employer can absolutely ask you for the money back--and if you don't return it, sue you, then potentially garnish your wages (if you are now working), levy on a bank account (take money from your bank account), execute on personal property (for example, have a vehicle seized and sold), or put a lien on real property (like a house).

A mistake does NOT entitle you to keep money. You have been fired--you are therefore not earning the money, the employer has no obligation to pay it, and you have no right to it.


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