Legal Question in Employment Law in Florida

Re: Do I have to repay a mistaken last check amount?

The problem you have is that since the money you were paid was not wages or other "consideration" for something you gave up, your former employer may have a cause of action, such as "unjust enrichment" if you should elect not to repay the money you received beyond your final wages. Since you had no legal entitlement to the additional monies, if they file suit against you, you would likely have to repay the money (and possibly attorneys' fees), so you are in a difficult position. You may want to explore whether you had any claims against your former employer, in exchange for which they might enter into a release you would sign, as consideration for you keeping the money.

Re: Do I have to repay a mistaken last check amount?

Let's play a little game...

I check my car (a 10 year old Honda civic) with the valet at a local restaurant. When I go to retrieve my car, the valet mistakes the ticket number and brings me out a sweet Porsche Boxter. I assume, mistakenly, that this is a new promotion to get me to frequent this restaurant more often (I will! I will!). Now the restaurant has called demanding that I return the car. Must I?

The answer is yes, you have received something that does not belong to you. If you do not return the funds, they can bring an action against you. Will they actually do it for the extra two weeks' pay? Who knows. Is there a legal and ethical duty to return the money? Yes.

Evan