Legal Question in Employment Law in Florida

My husband and I resigned from our previous place of employment (husband and wife team job) Sent in a 2 week notice to the corp. office (certified mail), sent emails to the regional director, district director also to the CEO of the company giving a week notice. The regional acknowledged our 2 week noticed and told us he didn't need us there for the whole 2 weeks ( which was stated in the policy book) so after a week we left.

I noticed that they were still paying our salary by auto pay into our bank account. At first thinking that they owed us vacation time, mileage reimbursements and bonuses we were due. Also I wasn't sure if they held back a paycheck when we started. The last pay period that they paid us we knew that something was wrong.. It just didn't add up. We realized they messed something up.

I received a phone call from corporate office, HR department stating that they made a mistake, our account never got closed (even though we sent several people my resignation.) and they over paid us by a several thousand dollars and now they want their money back. I did put the last amount that I thought t they didn't owe us into the savings account knowing that they will be asking for it back however the other pay check amounts I thought was ours were sent on bills.

I just want to know from a legal standpoint where we stand, They were negligent and now we have to pay for all their mistakes...

Not knowing what we do now with all this mess..


Asked on 9/16/09, 9:55 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It was not your money. You knew it (or at least questioned it) and made no effort to call about money that was mysteriously appearing in your checking account. You must return it. It's not even a close call.

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Answered on 9/16/09, 11:07 am


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