What is my responsibility if my previous employer deposited 2 salary paychecks after my departure?
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What is my responsibility if my previous employer deposited 2 salary paychecks after my departure?
As stated, old employer has continued to pay me regular salary paychecks after separation date of 11/20 of last year. The paystubs are clear as far as what they are paying me for, and I’m positive it’s not role over vacation/ sick time/unpaid commissions. I have sent HR an email regarding it but haven’t heard back. My Once the issue has been addressed by payroll, should I expect to have to pay it back in one lump sum or will they want some type of payment plan? Will they take me to court if I can’t repay in time? When I left the company, I signed separation papers, everything was official. I never received a final paycheck with accrued vacation pay or sick time on it. I was just paid on the regular time of month as usual with regular pay.
Asked on January 17, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you received pay to which you were not entitled--such as paychecks after you stopped working--you have to repay it. The law is very clear that an error does not allow you to keep money which should not have been paid to you.
Technically, you'd have to repay the money in a lump sum: if you are not entitled to it, you need to return it right away and have no right to keep it for any extended period or to repay over time. That said, almost all employers will, as a practical matter, allow a repayment plan.
If you refuse to repay, or you and your former employer cannot out a repayment plan to which you both agree, they do have the right to sue you for the money.
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