Legal Question in Employment Law in Virginia
Paychecks After Termination
I left my last employer in mid April of this year. I personally had three phone conversations with the Human Resources Manager to tell her I was leaving. The company, located in North Carolina, is on a monthly pay schedule. At the end of April, I got paid for the time I worked that month but then on May and June 30, I got checks even though I told the company I no longer work for them. I was sent Cobra forms to continue my health insurance and the Human Resources Manager told me she personally did payroll.
What do I do with the checks? A parent company cheated me out of thousands of dollars for work that I did for them that they did not pay me for and this would be one way to get that money back. I want to deposit the checks in a savings account and then return the money if they ask for it back, but what if they don't ask for it back? How long do they have to ask for it back if they figure out the error?
1 Answer from Attorneys
Re: Paychecks After Termination
I would hold these funds on deposit in your savings account for a minimum of six months, after which you can treat them as your own, if the company has not asked for their return.
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