Legal Question in Employment Law in Arizona
Final Check from Work (Overpaid)
Several months ago I put my two weeks notice in with my former employer and moved out of state. They advised me that my final paycheck would be paid out on 6/22/07. That day I received a direct deposit amount of $1003.48 and of course used most of this to pay for my moving expenses. Recently I received a letter a month later stating that they did not calculate the amount correctly and are now asking for $779.16 back from me before Dec 31st or they want the full amount. This was not a check that I cashed, rather a direct deposit made into my account for my normal bi-monthly pay check. I was under the impression they were giving me my last check and had no clue the hours didn't match. Then I receive a request for money I no longer have. I moved from Arizona to California. What rights do I have in this situation?
3 Answers from Attorneys
Re: Final Check from Work (Overpaid)
If you were overpaid, even though it was their error, you will have to pay back the money you did not earn. If there is doubt as to whether you were overpaid, ask for an accounting on how they calculated the deposit. California law requires employers to provide a breakdown of employees paychecks. However, if you agree you were overpaid, work out a payment plan with them.
Re: Final Check from Work (Overpaid)
Typically, if a person is overpaid due to a mistake, the person who received the money is not liable unless that person knew of the mistake or should have reasonably known of the mistake. Here, in your case, it is arguable both ways, especially since an accounting can be done of your actual hours worked v. what you were actually paid and simply overlooked. Our Law Firm may have a very good solution for you here, so that you can avoid any possible litigation regarding the money you no longer have. Email us directly for further, prompt assistance.
Re: Final Check from Work (Overpaid)
Rights? To keep the money actually owed you, and return any money overpaid. They can sue you as a worst case scenario. Negotiate a resolution and don't spend time and money fighting over it.
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