Payroll checks after termination

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Payroll checks after termination

I was terminated by a company that was recently bought out by a larger corporation. I received what I was told would be my final paycheck which included any Paid Time Off balance. This was confirmed by the Department of Labor, who then made a determination on unemployment compensation, and I started receiving that weekly amount. More than a month after my termination, I started receiving payroll checks in the mail from that former employer sent from the larger corporation. What are my legal rights pertaining to the payroll checks?

Asked on March 19, 2019 under Employment Labor Law, Nebraska

Answers:

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

Answered 2 years ago | Contributor

You have to return the money since you are being in error. The law disfavors "unjust enrichment" which is what we are dealing with here. And think about it, had you been accidentally underpaid, you would be entitlled to what was rightfully owed to you. Bottom line, an error does not give a person any right to keep money. Your ex-mmployer may at wiill demand it, and you'd have to return all it immediately, even if you don't have it. In which case they'd sue you and get a judgment against you.Furthermore, if you are knowingly taking money which you are aware that you are not entitled to, it is possible that they could make out a case that you are stealing the money and press charges.Legally therefore, you should notify them of the error and make arrangements to repay it. At some point, they will almost certainly discover their mistake and the more money you accept, the harder it will be to repay it.

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

Answered 2 years ago | Contributor

You have to return the money since you are being in error. The law disfavors "unjust enrichment" which is what we are dealing with here. And think about it, had you been accidentally underpaid, you would be entitlled to what was rightfully owed to you. Bottom line, an error does not give a person any right to keep money. Your ex-mmployer may at wiill demand it, and you'd have to return all it immediately, even if you don't have it. In which case they'd sue you and get a judgment against you.Furthermore, if you are knowingly taking money which you are aware that you are not entitled to, it is possible that they could make out a case that you are stealing the money and press charges.Legally therefore, you should notify them of the error and make arrangements to repay it. At some point, they will almost certainly discover their mistake and the more money you accept, the harder it will be to repay it


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