Legal Question in Employment Law in Georgia

I recently quit a job. I received my final paycheck and started a job with a new company. After being gone from the previous job for 2 months I received a call and was told that I had a paycheck waiting for me. I went in picked up the check and it did not say what the paycheck was for (meaning it did not have hour that would have been accumulated from wages, nor did it say vacation). I took the check and cash it. Now the previous employer is demanding I repay the monies back or they will seek legal action against me. I feel like I've committed no crime, especially since no one can tell me what the check was for or if I was entitled to it. Do I have to pay the monies back? And do they have any real legal standing that they can press criminal charges against me?


Asked on 11/23/11, 12:12 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Same answers as yesterday. Simple solution. If you were overpaid, pay the money back. If you were underpaid, you would expect for them to make it right. People make mistakes, and this one is really easy to fix. Conducting yourself in an honest manner does not (or SHOULD not) be based on what is or is not a crime. If you are coming here for an excuse to keep the money, you are going to keep it anyway. When the employer files a lawsuit to collect, your current and prospective future employers will know the kind of person you are.

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Answered on 11/23/11, 5:28 am


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