Legal Question in Bankruptcy in New York

Direct deposit, any statute of limitations?
I left my company and continued to recieve direct deposits. I called and spoke with HR and told them I left and they updated their system etc as they had no record of my leaving. The deposits stopped briefly and have now started again. I have informed them one last time and have no intention of repeatedly doing so to correct their errors. Is there a timeframe after which they can no longer claim the money? If they realize error can they take it directly from the accounts or MUST they bill me? I don't want checks bouncing. I will pay them if they ask for the money. However,I have no issue keeping it as I told them their error and as I was severly underpaid from a settlement between the company and US gov due to labor law violations. Short story my non-exempt position was catagorized as exempt from OT by company and settlement was short of my actual OT time by hundreds of hours. At any point (time past or circumstance)do they loose any claim to the money?

Asked on 2/25/05, 6:43 pm

Andrew Nitzberg Andrew Nitzberg & Associates

0 users found helpful

0 attorneys agreed

Re: Direct deposit, any statute of limitations?

They have at least one year to recover the excess payments.

You can stop the payments by changing bank accounts (close this one). You do have a duty to return the money.

Good luck.

Answered on 2/26/05, 7:48 pm

Keywords

Match Any Match All

Country

State

Area of Law