Legal Question in Employment Law in California

Do i need to pay back my employer?

Hi,

I have been working in a telecom company for last 6 mnths. Due to some accounting error they have been paying me about 1500 dollars more every mnth (about 5500 instead of 4000). The paystubs they have been giving me also said USD 5500 instead. Now that we caught this problem, they want me pay them the money back.

My question is am i legally bound to return them the `extra` money they paid me by mistake? I am even considering leaving the company if i dont have the legal responsibility to pay them back.

thanks,

--name removed--


Asked on 1/25/03, 3:20 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Do i need to pay back my employer?

Yes, you will need to pay back the money or they could sue you. However, you might be able to negotiate something less than full, immediate pay back. Contact me if interested in having me do so.

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Answered on 1/31/03, 1:46 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Do i need to pay back my employer?

You cannot keep money you did not lawfully earn. It will have to be returned. You best alternative is to negotiate a pay back schedule. Leaving the company will not help you. You'll get sued and this will probably adversely affect your credit rating, as well as follow you to other prospective employers.

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Answered on 1/29/03, 12:28 pm


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