Legal Question in Civil Litigation in California
Pay for work not performed
An employee is terminated but the payroll depatment is not notified and he recieves 4 paychecks for hours not worked before the mistake is found. Does he have to return the money? Can we sue if he refuses?
3 Answers from Attorneys
Re: Pay for work not performed
Yes, you may sue the former employee. However, you might try negotiating a repayment plan with the employee before doing that. After all, a recently terminated employee might not have gotten a new job yet and a lawsuit could trigger a bankruptcy filing if he lacks the ability to pay.
Re: Pay for work not performed
Of course.
Re: Pay for work not performed
Yes he must return the money and yes you can sue him to recover it. Feel free to email with any further questions or if you would like our help in retrieving the money. We are aggressive litigators based in Newport Beach. Perhaps a letter from an attorney would do the trick.
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