Legal Question in Banking Law in California

payroll overpayment

I submitted this one before, but it gets odder. I left a company that continued top pay me after I moved on. I informed the company and the money was returned. They continue to pay me. I continue to return it. At what point does this become their problem, not mine. It's making a nightmare out of my attempts to balance my ledgers.


Asked on 11/27/06, 1:10 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: payroll overpayment

If you do not return the money, the company could, eventually, claim that you were unjustly enriched. If, however, you send them a letter telling them that you will not be returing any future payments to them and will keep and spend the money they send you, and will consider any future payments received from them a gift, then the company would have a difficult time claiming your enrichment is unjust. You were more than fair and just with them. If anything, it would be unjust for them to take back a gift they knowingly and willingly gave you.

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Answered on 11/27/06, 3:34 pm


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