Legal Question in Employment Law in Florida

profit share payout

I live in Florida and back at the beginning of the year I received a letter from a former employer stating that I was to receive a payout from a profit sharing program that I was enrolled in. I called them to ask what it was about and they pulled up my records with me on the phone and confirmed that it was correct and that I should receive the payout in late August or September, and that I should call them at that time to confirm this.

when I called as they asked me to they pulled up my records again to confirm everything and sent me the payout. two weeks after I deposited the check I received a call from them and they told me that they had made an error and that I wasn't eligible after all and that I must return the money to them. of which I used a portion assuming it was mine. I was just wondering if they have any standing to do this, considering that they have had numerous occasions to catch any errors that they feel that they may have made? and am I required to return this, or are they just trying to intimidate me so they don't get in trouble with their boss?


Asked on 9/12/08, 5:54 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: profit share payout

If the money was not yours you must return it.

Read more
Answered on 9/12/08, 9:09 am
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: profit share payout

My question is how would you have known the money did not belong to you? If you knew or should have known that you were not entitled to the money then you could be responsible for returning it.

Hopefully, you documented the conversations and kept any correspondence which accompanied the check. At this point it is the company's burden to prove that you were not entitled to the money. As long as you didn't commit a fraud in order to obtain the money, you should be ok at this point.

I would not suggest that you return the money based on the phone call. I would also suggest that you not spend the rest of the money just yet.

Request that the company provide you with their written reason as to why you should return the money. Then take the letter to an attorney and ask them to evaluate your position.

Good luck.

Read more
Answered on 9/13/08, 3:48 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Florida