Legal Question in Criminal Law in Virginia

Overpayment in payroll check
The hospital I work for overpaid me on my paycheck. Someone in payroll put in an incorrect code. I cashed the check. The hospital has placed me on administrative leave and says they can press felony charges. I do not have the money to give back,but am willing to continue to work and pay back money. Can I be arrested and charged with a felony? Is it legal for them to put me on forced time off? Do they have to pay me for time worked since the discovered error?

Asked on 5/17/04, 10:09 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Overpayment in payroll check

There are some key facts missing from your inquiry

such as the amount of the overpayment and whether

you cashed the check with the intention of keeping the overpayment which you clearly knew at the time that you were not entitled to.

Whether or not your employer could "press felony charges" would depend in some measure on your answers to the above questions.

Your employer can choose any of several methods to recoup the overpayment including allowing you

to pay it back through periodic deductions from your paycheck.

Your employer must compensate you for all time which you've worked.

Answered on 5/18/04, 10:44 am

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