Legal Question in Employment Law in California
direct deposit to wrong account
My ex-wife filled out a form to have child support direct deposited into her
account via payroll from my place of work. My employer has inadvertently
depositted all of my reinbursement checks for eight months into her account
instead of the child support. She still recieves a hard copy check for child
support. My employer has informed me I must contact her to get the money
back from her and that my employer is not responsible for the error. The
amount is $8200. Am I responsible for getting the money back or should my
employer pay me and contact my ex-wife regarding pay back to them. My
emolyer said I should have seen on the statement I recieved that the money was
going into the wrong account and that I should have contacted them in a timely
manner. They reimbursed the last one when I contacted them. I contacted them
within 2 weeks. Thanks for your advice.
1 Answer from Attorneys
Re: direct deposit to wrong account
Plain and simple, your employer is NOT entitled to this money, as the courts will NOT allow your employer "unjust enrichment", especially based on a mistake. You should consult with an attorney ASAP to promptly remedy this situation. If you would like a free consultation, contact us directly this week.