What will happen if I don’t return an overpayment made to me by my former employer?
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What will happen if I don’t return an overpayment made to me by my former employer?
I worked for a company and quit. They then hired another guy with my same first name. They then accidentally sent me a payroll check 3 weeks after I left; it was my name on the “pay to” line, first and last. I cashed the check. Now they are threatening to sue me to get the money back. I’m aware that morally I should give the money back but the owner of this company is a scumbag whom I have no respect for. He also shorted me $100 on my final paycheck and when I asked him about it he didn’t have the time of day for me. I was completely ignored. However, now that the ball is in the other court the whole world is in an uproar.
Asked on November 13, 2011 under Bankruptcy Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Forget morals for a moment: *legally* you have to return the money. A mistake does *not* entitle you to keep a payment; just as you would be entitled to your money back if you had accidentally sent a plumber a too-large check or duplicative check, so can your former employer recover the amount they accidentally paid you. If you don't repay, the employer may sue you for the money--and, from what you write, they will win.
If they shorted you for $100, you also may sue them (e.g. in small claims court) for that amount, if you can prove it.
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