Legal Question in Credit and Debt Law in Virginia

Still getting paid after leaving a job?

If an employee leaves a company. Assuming they notified HR and filled out all exit paper work but the company keeps paying them after they leave by direct depositing money into their account can the person legally keep this money? Do they have to notify the company of their error? Can the company legally take the money back out of the account with out the persons permission. Does the company have legal rights to claim the money back?


Asked on 1/12/07, 10:59 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Still getting paid after leaving a job?

The person which has been described would not be legally entitled to the money deposited in his or her account through company error. Therefore, the money must be returned to its rightful owner. If such did not occur, the company would have the right to sue the former employee for the amounts which have not been returned or wrongfully withheld.

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Answered on 1/13/07, 8:31 am


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