Legal Question in Employment Law in Pennsylvania

Former employer

I was laid off from a job. 2 months later, I receive a severance check (2 months pay). Then I receive another check for the same. I deposited and spend the second check. My former employer is claiming the second check was a mistake and want me to send it back. Am I accountable for their mistake? Will I have to pay them back?


Asked on 1/07/09, 3:06 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Former employer

You asked about an overpayment from a former employer.

Yes, you must pay the employer back. The length of time over which you must pay is negotiable. Start making payments as you can afford them.

In some cases you could be charged with a form of theft for refusing to return the funds. Once you are actually repaying the funds that possibility goes away.

If I wasn't clear, the funds to which you were not entitled, must be repayed.

Regards,

Roger

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Answered on 1/07/09, 7:49 pm


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