Legal Question in Employment Law in California
Extra 2 weeks Salary
I resigned from my position effective September 30, 2003. I received a paycheck even though I was no longer employed with the company. Do I legally have to give the money back?
Can they make me give it back?
Asked on 10/27/03, 1:54 pm
2 Answers from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Re: Extra 2 weeks Salary
If the money was not earned and was paid to you in error, yes you will have to give the money back.
Answered on 10/29/03, 12:34 pm
Thomas Pavone
Pavone & Cohen
Re: Extra 2 weeks Salary
You should talk to the payroll department to determine whether the payment may be for accrued vacation pay, unused sick pay, severence pay or some other benefit to which you are entitled. However, if they inform you that the payment was in error, you must return it. Good practice would be to not deposit the check until the matter is resolved.
Answered on 10/29/03, 6:48 pm
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