Legal Question in Employment Law in California
Severance Overpayment
Without cause I was released, no notice. I was a salaried Sales Rep. I was handed a final check for PTO, Vacation accrued, & 4weeks salary (nothing fancy). Perhaps accidentally, a duplicated final payment was direct deposited to my account on file. By Law, must I return Overpayment?
Asked on 9/10/08, 12:08 pm
3 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
Re: Severance Overpayment
Not unless you want to get sued.
Answered on 9/11/08, 1:20 pm
Jonas Grant
Law Office of Jonas M. Grant, A.P.C.
Re: Severance Overpayment
Of course. If you are an at-will employee, the general rule is no cause or notice is required, so these factors are irrelevant.
Answered on 9/13/08, 1:27 am
Robert F. Cohen
Law Office of Robert F. Cohen
Re: Severance Overpayment
Yes. If you didn't earn it, it's not yours. If you can't afford a lump sum repayment, make arrangements with your former employer to pay it off over a few months.
Answered on 9/10/08, 8:49 pm
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