Legal Question in Employment Law in Colorado

Over paid

I received checks from my previous employer after I was no longer working there. I asked my previous boss and he said they were commission checks since they were on a different pay period. I also have an email from HR staiting they knew I was receiving the checks and didn't know when they would end so I kept cashing them. Now the company is saying they overpaid me by $1600 and want the money returned. Do I have to pay them back since they knew I was receiving the checks?


Asked on 11/20/07, 6:53 pm

1 Answer from Attorneys
Joseph T. Bernstein

Re: Over paid

If your former employer (either the boss or the HR department) told you that the checks were compensation for the work you performed while employed, and you relied upon your former employer's representation, then you can probably keep the checks. However, can you think of any reason why you should have known that the checks were NOT compensation for your work? If you were told, or reasonably should have beleived, that the checks were not yours, then you are not entitled to keep them.

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Answered on 11/26/07, 1:16 pm


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