Legal Question in Employment Law in California

Payment recieved while not under contract

I work on a year to year (non-union) contract for a school district. When offered a new contract in June for the new fiscal year (which begins in July) I informed my boss that I would not sign my new contract untill I recieved a written evaluation from him. He agreed, but never produced the evaluation so I never signed my contract. The district continued paying me durring the summer (their new fiscal year) even though I was not under contract. Feeling undervalued, I applied for another position on August 26th at a different district and have been offered a contract (I have accepted verbally but not signed). However, my former employer claims I owe them two months salary, or what they paid me while I was not under contract!. It seems to me it was their mistake to pay me while not under contract, and I did have full intention of returning untill offered a better position. Have I broken any laws by cashing those 2 paychecks? What actions can my former district take against me?


Asked on 9/01/05, 5:09 pm

1 Answer from Attorneys
Patrick Turner Patrick E. Turner Inc. APLC

Re: Payment recieved while not under contract

It may very well have been a mistake for the school district to pay you in light of your failure to sign the contract. The district either hoped you would ultimately sign, or perhaps the payroll department never learned that you hadn't. In any event, if you take the position that you can change jobs because you didn't sign the contract, then you wouldn't be entitled to any money the district paid you pursuant to the contract, mistake or not. The good news is that you haven't "broken any laws" as long as you didn't accept payments knowing you had another job (which might be considered fraud.) The district may seek recovery from you of any overpayment. You may want to try to negotiate a settlement or payment plan to limit the financial impact of the repayment.

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Answered on 9/08/05, 8:36 am


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