Legal Question in Employment Law in Florida
Employer had accounting messup and now wants me to pay it back.
My friend while on maternity leave last year our employer paid her 3 weeks of pay ''on accident''. Now they have caught the error and wants her to pay it back. Now back in December she was calling our corporate office in Virginia from home to make sure she that everything was being taken care of. Our boss showed her an e-mail that was sent from corporate telling him about the error and there were four options (1)pay it off gradually by taking it out of her paycheck, (2)work extra hours to pay it off, (3)use vacation leave, or (4)write it off. Now she is about to get laid off. With there mistake almost a year later is she liable for the error that corporate made. Thanks
2 Answers from Attorneys
Re: Employer had accounting messup and now wants me to pay it back.
I respectfully disagree with Mr. Sheldon, as it is my opinion that it was their mistake and she is not responsible to repay this money. The chances of her employer "coming after" her for the amount is also unlikely.
Re: Employer had accounting messup and now wants me to pay it back.
Yes, she is liable for the money since she was given money that was not owed to her (and took it!). However, since she is being laid off, she should bargain with the company to forgive the debt, given that they were mistaken to begin with, she is losing her job, and it would be very burdensome to pay it back.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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