If I left a company and they overpaid me in my last check, do I legally have to give them the money back?

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If I left a company and they overpaid me in my last check, do I legally have to give them the money back?

Asked on May 20, 2014 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if you were overpaid, you *must* repay the money if they ask for it back. Their accounting or administrative mistake does not give you any right to the money, any more than a grocery store or your plumber could legally overcharge you for goods or services because they added up the bill wrong. If they seek the money back and you do not return it, they could not only sue you for the money, but they could also potentially report the act to the police as a form of theft.


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