What to do if my former employer notified me that a year ago they made a mistake and had mistakenly about $1400 in my bank account?

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What to do if my former employer notified me that a year ago they made a mistake and had mistakenly about $1400 in my bank account?

I did not notice it at the time and now, nearly a year later, they discovered it during an audit. Does the money have to be returned after such a long delay? What should I ask for to prove it was an actual mistake?

Asked on October 1, 2012 under Employment Labor Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, the money needs to be returned, even after a year, if it was mistakenly desposited: the statute of limitations, or time to sue to recover the money, is longer than a year, so if you do not return it, you could be sued by your employer to recover it.

As for proving it: have them provide you with proof of the deposits. Then compare that to what you should have received from them (e.g. your paychecks; any reimbursement for work related expenses you may receive). If they deposited more than you were entitled to, you have to return the excess.


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