What to do if my previous employer keeps paying me?

UPDATED: Dec 30, 2012

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What to do if my previous employer keeps paying me?

I contacted them 3 times; I left 2 voice mails with HR that nobody returned and spoke to a person in HR on the phone and was told that someone would call me back (which never happened) at what point do I get to keep the money?

Asked on December 30, 2012 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could not expect to keep the money until the time period to sue you for  its return has expired; that time period is three years in your state. So the return of any particular payment can be sought by the employer up to three years after it is made. If you are receiving checks, do not cash them; if you are receiving direct deposit, ask your bank to block them; and keep any sums you have received to date separate, in a savings account, so that if you are asked to return them, you can do so promptly.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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