Legal Question in Civil Litigation in California
Extra Paycheck
Back in October of 2008 I received an extra paycheck for hours I did not work after I had left a job. I never received a pay stub showing what it was for and never heard anything until now in which I am being told they have been trying to contact me. The check was automatically deposited into my account. The job required a time card be filled out, which I had not done for these hours and they paid me by mistake apparently. At the time I left there was a dispute going on for a retro active raise. Seeing I never received anything showing what this money was I figured that could have been the case. Now in a letter I received via U.S. mail they say they thought I had more integrity and I need to think about returning the money. I feel they are trying to threaten my future for their own mistake and trying to blame me for something they are at fault for. What is it they can do? What should I do?
3 Answers from Attorneys
Re: Extra Paycheck
I would like to see the letter if you care to fax it to me. My first inclination would be to offer to write them a letter telling them to go pound sand, but I would need to know more facts.
Re: Extra Paycheck
Like Mr. Stone, I would want to see the letter and learn more details before offering any concrete guidance. Unlike Mr. Stone, though, I believe you will have to return the money if you didn't earn it. At the same time, you will want to explain to the company that you didn't knowingly take money that wasn't intended for you.
The fact that you did nothing wrong, though, does not mean you are entitled to keep the money. If you had found a bag of the company's money on the street I'm sure you would realize it wasn't yours; the situation you describe is comparable.
Depending upon how much money is involved, you may want to consult with a lawyer before doing anything.
Re: Extra Paycheck
Pay it back, or get sued or arrested, their choice. Negotiate payments if you can.
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