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 was due. 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 however the 2 other pay check amounts I thought was ours were sent on bills.

I had another place of employment however my husband had to start collecting unemployment. Which I might add that the Fl unemployment agency tried to contact them and thy never responded back. Now his unemployment will be all messed up.

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... We live in Florida however the home office is in Oregon.

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


Asked on 9/15/09, 5:10 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

First of all, when anyone accidentally gives you more money than is owed to you, you have to give it back. Period.

Secondly, if your husband voluntarily resigned from his job (he quit), he is not entitled to unemployment compensation. The employer's failure to answer the unemployment agency's questions is immaterial.

Good luck.

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Answered on 9/16/09, 8:38 am


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