Legal Question in Business Law in Florida

business law???
We are 6 nurses who care for an elderly woman.She is not capable of making decisions, and is supported by a trust established by her late husband. She is serviced by a large, private bank. We were overpaid on multiple pay checks, over several months. We alerted our supervisor, who is the care manager. The overpayments continued; we counted our blessings... the checks eventually returned to the normal pay rate. An recent bank audit was performed, and the overpayment was discovered. We are now being asked to return the overage, and have been told that a ''lump sum would be preferred''. What are our rights?

Asked on 7/26/07, 2:21 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

0 users found helpful

0 attorneys agreed

Re: business law???

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your right .... and obligation is to return the overpayments immediately. Each of you can be found guilty of theft if charged since you knowingly accepted overpayments. Taking what does not belong to you is not considered a "blessing" under Florida law. If the state were to decide that criminal charges are not proper, you could be charged by the trustee with civil theft which carries damages equal to the amount overpaid plus three times the amount as a penalty which is referred to as "treble damages". Additionally, you can be ordered to pay the attorney's fees and court costs of the trustee.

Scott R. Jay, Esq.

Answered on 7/27/07, 12:58 am

Mark as helpful