What are my options if I was being paid after I had quit?

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What are my options if I was being paid after I had quit?

I quit working for a large firm; I turned in my notice 3 months ago. I just received a call from my old manager that they kept sending paychecks to my bank. He said that they must have got the paperwork messed up and he wants me to email him saying that I had quit working for the company. I want to know who was filling out time cards and submitting them since I was not there.

Asked on September 15, 2016 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

The fact is that in an age of automation, there are times that workers receive payment of wages after they have departed from a company's employ. It doesn't mean that someone was filing out a timecard in your name. More importantly, didn't you notice that you were receiving these deposits?  Right now, you should know that legally you will be liable for repayment of these monies that were mistakenly paid to you. You did not earn it, so you cannot keep it. This would constitute "unjust enrichment", something the law will not condone. How repayment is arranged will be up to whatever you and your ex-employer can work out. That having been said, the company will likely not attempt to just reverse 3 month's of deposits. Again, contact them and see what arrangments you can make.


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