Legal Question in Employment Law in California

Severance Overpayment

Without cause I was released, no notice. I was a salaried Sales Rep. I was handed a final check for PTO, Vacation accrued, & 4weeks salary (nothing fancy). Perhaps accidentally, a duplicated final payment was direct deposited to my account on file. By Law, must I return Overpayment?


Asked on 9/10/08, 12:08 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Severance Overpayment

Not unless you want to get sued.

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Answered on 9/11/08, 1:20 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Severance Overpayment

Of course. If you are an at-will employee, the general rule is no cause or notice is required, so these factors are irrelevant.

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Answered on 9/13/08, 1:27 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Severance Overpayment

Yes. If you didn't earn it, it's not yours. If you can't afford a lump sum repayment, make arrangements with your former employer to pay it off over a few months.

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Answered on 9/10/08, 8:49 pm


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