Legal Question in Employment Law in Illinois

my husband quit his job. he got his 40 hours he worked and 40 hours of vacation time due to him. he then got a 2nd check that stated 120 hours vacation and 16 hours holiday. since vacation is a gift, does this have to be paid back. the've left a vm only but no explaination and since he doesnt work for them, does he have to repay it or contact them. or wait for them to send a certified letter? we live in IL and work in IL.


Asked on 10/08/12, 5:22 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Sounds more like a mistake than a gift. If he was not entitled to the money, and especially if he knew he was not entitled to the money, then yes, he will need to give it back to the employer. There is no requirement that they send a certified letter--they could just as easily file a small claims complaint against him.

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Answered on 10/09/12, 6:21 am


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