Legal Question in Workers Comp in New York
My previous employer deposited money in my account after I left the employer.
I recently quit my job and moved to another position elsewhere. The previous employer deposited money into my bank account about 3 weeks later via direct deposit, completely without any reason from me. My resignation was clear and documented. Now they are seeking repayment of the funds, and I spent some of it prior to knowing that I was not entitled to the funds. Am I obligated to return the funds?
1 Answer from Attorneys
Re: My previous employer deposited money in my account after I left the employer
Congratulations on finding a new position. I trust it is a promotion and an excellent opportunity.
Regarding the deposit; I am assuming this is a payroll deposit via 'direct deposit' and the ex-employer did not input your new status in time.
If this is accurate, then it is best to return the money. The law on this matter is clear; but you have some negotiating room. Talk to them. It is likely they will accept partial re-payment.
If you cannot come to an agreement, then this is a civil, not a criminal, matter. If they make threats of the District Attorney and Jail and other stuff, stand firm - it is all bluster. However, they will likely win a civil action (lawsuit). Initiating an action is expensive and time-consuming. This is where your negotiating room will be.
You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.
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