Legal Question in Employment Law in California

direct deposit to wrong account

My ex-wife filled out a form to have child support direct deposited into her

account via payroll from my place of work. My employer has inadvertently

depositted all of my reinbursement checks for eight months into her account

instead of the child support. She still recieves a hard copy check for child

support. My employer has informed me I must contact her to get the money

back from her and that my employer is not responsible for the error. The

amount is $8200. Am I responsible for getting the money back or should my

employer pay me and contact my ex-wife regarding pay back to them. My

emolyer said I should have seen on the statement I recieved that the money was

going into the wrong account and that I should have contacted them in a timely

manner. They reimbursed the last one when I contacted them. I contacted them

within 2 weeks. Thanks for your advice.


Asked on 12/09/05, 11:35 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: direct deposit to wrong account

Plain and simple, your employer is NOT entitled to this money, as the courts will NOT allow your employer "unjust enrichment", especially based on a mistake. You should consult with an attorney ASAP to promptly remedy this situation. If you would like a free consultation, contact us directly this week.

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Answered on 12/13/05, 8:40 pm


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