Legal Question in Business Law in Missouri

Am I liable to pay back a check issued to me by mistake?

I work for a temp agency that found me a job at a company named CED. Part of my contract with the temp agency was to work for them 420 hours than I could be released and go on CEDs payroll. Well for some reason before my contract was up with the Temp agency I recieved a payroll check from CED. The check was for 80 hours, a two week period, totalling $750 dollars. It was a double payment because the 80 hours I was paid for was also payed by the temp agency as the last 80 hours on my contract with them. I went ahead and cashed the check from CED and the temp agency. Now the company wants me to pay the money back that they gave me by mistake. Am I liable to pay them back or is this a mistake they just have to live with? Is there any legal action they can take to get the money back. They still owe a last check for 80 hours and would like me to sign it over to them to cover the mistake they made by giving me the extra check. Do I have to go along with this. Or do I have the option to keep the check.

Furthering the problem after my contract with the temp agency was up and I officialy went on Ceds payroll, I continued to turn in a time card to the temp agency for 2 more weeks. Signing them myself.


Asked on 4/21/04, 12:09 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Am I liable to pay back a check issued to me by mistake?

You need to pay the money back. The payment was made under a mistake of fact, and they did not owe you any money. They had paid the temporary company for your services. They have a right to sue and can sue to get the money back. Your best bet is to repay the money quietly and quickly.

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Answered on 4/21/04, 2:32 pm


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