Legal Question in Employment Law in California
Severence Overpayment
I was overpaid a small sum of money from my severence package. How long do I have until they can come back for it? Can I get in legal trouble if I do not notify them. I already paid taxes on it when I had to submit it for income.
1 Answer from Attorneys
Re: Severence Overpayment
This response assumes you are a CA resident, and work for a CA employer. Generally, based upon what you have described, you may be right to be concerned about your conduct (e.g., knowing acceptance of something that is not rightfully yours may be unlawful). If your use of your former employer's money continues without its knowledge, you may be exposing yourself to the possibility of being a defendant in a lawsuit for damages brought against you by this former employer in the future. Under certain circumstance, it may be possible for your employer to file a lawsuit against you for damages within a reasonable time the foremer employer first discovered it had been damaged by your conduct. Accordingly, you should consult with a local employment law attorney immediately to determine the legal implications of the consequence of your initial and ongoing conduct.