Legal Question in Real Estate Law in California

neglegence and personal property
State of California: An accountant negligently issued an employee a 40 hour payroll check the employee assumed was their vacation payment. Now, the accountant wants the employee to pay back the money. However, paying back the money will cause the employee hardship. Is the employee legally responsible to pay back the money, even though the money was negligently given to the employee?

Asked on 12/02/08, 3:22 pm

Roy Hoffman Law Offices of Roy A. Hoffman

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Re: neglegence and personal property

Yes.

Answered on 12/02/08, 3:39 pm

Terry A. Nelson Nelson & Lawless

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Re: neglegence and personal property

Unearned money must be paid back unless the company waives that. Work out a payment plan.

Answered on 12/02/08, 9:08 pm

Robert F. Cohen Law Office of Robert F. Cohen

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Re: neglegence and personal property

I'd worry about working for an accountant who makes that kind of mistake!

Answered on 12/02/08, 10:01 pm

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