If I was overpaid on my last paycheck after I was let go, is it mine?

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If I was overpaid on my last paycheck after I was let go, is it mine?

At my previous job, I get paid every friday for that week’s work, I worked on Monday and was given a call before coming into work on Tuesday announcing my termination. I had direct deposit on my account, and after taxes I was expecting somewhere around $90. My bank indicates that I received a deposit of $404, my full weekly pay. I do not believe I had any vacation and the like saved up, so would this money be mine or if the company says it’s an error shall they come after me for the remainder?

Asked on March 3, 2017 under Employment Labor Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The law disfavors what is known as "unjust enrichment". In other words, someone benefiting from something that they did not earn. Consequently youu are legally obliged to repay your former employer for the overpayment. Think about it, if you had accidentally been underpaid, your ex-employer would be obligated to pay you the shortfall.


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