Legal Question in Business Law in New Jersey
Incorrect depositing
My employer just notified me today that money has been deposited into my saving account by accident. We don't know for how long but it looks likes years. I thought this was a set up of funds I had deferred to another account a long time ago. Now they tell me it was from some one elses paycheck and that I owe that person that money. My queustion is, is this possible that I am responisble for paying it back? Also how far are they allowed to go back on this to see what I owe. Can they go back the enitre span? Do I have any rights on this? Any advice? Please advise. They now want me to ask my bank how long this has been depositing into my accoint. Should this people on the company to pay them back since it is their fault and not mine? I don't have the money to pay this back. I live week to week.
1 Answer from Attorneys
Re: Incorrect depositing
I have been practicing law since 1984, and I have to say this is an absolute first. You do not give enough information for an attorney to give you definite guidance, but that is fine, it will take some investigation and analysis to figure this out. Your employer should be embarrassed.
Bottom line, if they paid you money that you are not entitled to and it does not truly belong to you, then they clearly have a good argument that you should pay it back. If you beleived that it was part of your compensation for working there, then you have a good argument that you earned it and should keep it. More info is needed here.
If you would like, give me a call. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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