Legal Question in Business Law in California

Re: Employeer continued salary after empolyee left

The employer is required to pay you for the time you worked and for accrued vacation time. Anything beyond that is a matter of negotiation. If there was no agreement, then you may be wrongfully holding the employer's money. Whether the employer will sue you depends on the employer's desire. It seems like repayment arrangments might be appropriate.

Re: Employeer continued salary after empolyee left

Come on, you know what you were slow still been paid. The payment of additional monies is not a gift. It was a mistake and you were made note of the in writing by your employer. Can he so you, if I were him I bring charges against you for that we are intentional failure to repay the money. That's a criminal matter, criminal not civil. Based on your question don't take advantage of the situation that gives you more grief than benefit.

Re: Employeer continued salary after empolyee left

You have no right to keep funds you did not earn. If the company made a mistake you are not entitled to keep the money they sent you. Failing to pay it back is likely to cause you much more trouble than it is worth.

Re: Employeer continued salary after empolyee left

The law of accidental overpayments is actually a lot more complex than the prior answers suggest. It probably boils down to this. If you received the unintentional overpayment, didn't realize it was an overpayment at the time, and changed your position (i.e., spent or committed the money) in innocent reliance upon a belief that you were entitled to the overpayment, then you'd have a good chance of winning any lawsuit.

Here, it seems apparent that you knew you were being overpaid. In such a situation, you must refund the money.

Whether it is a crime to keep the money or merely a kind of contract (civil) issue depends upon your state of mind with respect to the whole matter. Knowing you're paid more than entitled and keeping the excess can be criminal.

My supposition is your circumstances require return of the money. The consequences of not doing so are less likely to be a suit or criminal charges as bad references or credit-report problems, but unless you meet the criteria of innocent receipt and changed position in reliance on the correctness, one kind of problem or another is likely to dog you.