What are my legal and financial obligations and risks when my employer over pays me?

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What are my legal and financial obligations and risks when my employer over pays me?

I was double paid a few weeks ago and reported it to my supervisor but am starting to suspect that he did not report it to payroll.

Asked on September 15, 2019 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Since you did nothing wrong to cause the overpayment (e.g. did not fill in excess hours on a time card), your only risk and obligation is that IF the employer seeks the money back, you'll have to repay it--the law is clear that someone else's error does not let you keep money to which you are not otherwise entitled. Put the money aside (e.g. in a saving account; in a safety deposit box; in your sock drawer) for the next 2 years, until it is clear they are not asking for its return; if they do ask, return it and get a written receipt for its return.


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