Legal Question in Business Law in Illinois

Do i need to repay a double bonus payment from an ex employer?

I live in IL, my ex company is located in CA. They paided me my first half 2006 bonus after my departure. They sent a second payment of the same bonus a month later. They contacted me and asked if i would be ok with a direct deposit reverse of the second bonus payment. I was fine with that process. They claim to not be able to do it and now are demanding me to send them a check for thier over payment.

Do I have to repay them for their mistake legally?


Asked on 10/05/06, 12:35 pm

2 Answers from Attorneys
David K. Staub Staub Anderson LLC

Re: Do i need to repay a double bonus payment from an ex employer?

You have said that the payment you received was a mistake. No one has the right to keep something that doesn't belong to them. The fact that your former employer cannot simply reverse the transaction does not give you the right to keep money that is not yours.

David K. Staub, business lawyer, Chicago, Illinois

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Answered on 10/05/06, 12:42 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Do i need to repay a double bonus payment from an ex employer?

You mentioned that you received a payment for the first half of 2006. will you be entitled to a second half bonus? If so, you might be entitled to a setoff.

However, it is always best to leave an employer on good terms. The world is getting smaller everyday. You should try to work something out in a fair and

businesslike way. Otherwise, your conduct, legal, or not, may ultimately be judged by others.

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Answered on 10/05/06, 1:03 pm


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