Legal Question in Employment Law in New York

Received Pay in Error

A friend of mines quit her job and still received pay for about 6 to 8 months after leaving. The company now is seeking payment after noticing the error. Does she have to pay them back even though it was their error.


Asked on 3/26/08, 12:40 pm

1 Answer from Attorneys
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Received Pay in Error

Typically, yes. It would probably be best to wait and see what action if any the company takes. If they are a large company they may write it off. You may make an argument that it was severence pay after your friend leaving if that is the case.

Thank you for contacting our lawfirm. If you have any questions do not hesitate to contact, me Pasquale Calcagno, Esq. of Calcagno & Associates at 1(800)WE-FIGHT if you or anyone you know were hurt in any type of accident or is contemplating buying or selling a home.

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Answered on 3/26/08, 12:51 pm


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