Legal Question in Employment Law in Florida

I was recently terminated from my position, and my bosses promised me severance. A week later, they changed their minds and decided not to give me severance, however, neglected to remove me from payroll, and paid me anyways. They wrote me an email, stating the discrepancy with payroll, and said they were going to withdraw the money from my account. I was able to stop them from doing this through the bank, but now they are moving forward with trying to procecute. What rights do i have? I was promised severance (have an email stating this, but no contract) but never paid, and would like to know if I really have to pay the money back.


Asked on 4/05/11, 6:18 am

1 Answer from Attorneys
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

First, you have to give that money back. It was paid to you in error, and does not belong to you. By depriving the employer of its funds, permanently or for an indefinite period of time, you may be charged and prosecuted for petite theft, or grand theft, depending on the amount. You may also be liable in civil court for civil theft, and could become liable for four times the amount you are keeping from them.

The severance issue is a separate issue. If they promised you severance, and you took some action in reliance on that promise, such as did not accept a job opportunity or did not apply for unemployment because you were relying on their promise to pay you a severance, you may have a civil cause of action against them. However, it is unlikely you will be able to make them also pay your attorneys' fees, so it may not be worth the lawsuit, depending on the amount of severance you believe you are entitled to.

If you have any other questions, please feel free to call me or send me an e-mail. My office phone number is 813-374-2216 and my e-mail is [email protected].

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Answered on 4/05/11, 7:27 am


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