Legal Question in Employment Law in Virginia

Overpayment of Wages

My daughter quit her job around the end of June. She received what she thought was her final paycheck and vacation pay due several weeks later. However, twice since then more money has appeared in her bank account. The company she left did direct deposit, and did not provide the employees with any kind of written paystub. They were able to look at paystub info online, but she no longer has access to that. She is sure that the deposits are being made by this previous employer (but has no way to prove it) When she got the first ''overpayment'', she thought that perhaps she miscalculated what they owed her. With the second one, she is pretty sure now that it is an error on the employers part. Since they are just putting money into her bank account and giving no notification to her on this, is she legally bound to return any of the money?


Asked on 8/15/03, 4:39 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Overpayment of Wages

Your daughter will be legally obligated to return all sums erroneously deposited by her former employer into her account. These funds should be set aside and not spent for a minimum of six months in anticipation of their return to their rightful owner.

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Answered on 8/16/03, 12:08 am


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