Legal Question in Employment Law in Washington

Re: previous employer wants money returned

Come on� do you really need to ask this question? You knew the check amount was a mistake as soon as you received it. When you noticed the error, you should have asked your former employer about it or sent the check back.

While you may justifiably have some bad feelings that linger in the wake of being fired, you have absolutely no legal right to capitalize on your former employer�s mistake. You could definitely be sued in small claims court for unjust enrichment. Your self-serving and after-the-fact claims that you believed this was a �severance payment� or unused vacation ring hollow. People who are fired for misconduct usually do not get these kinds of benefits.

Yes, you could be sued, but even worse, since you knew this was a mistake but did nothing to correct it, you could be guilty of theft. Based on the circumstances you have included in your question, it�s clear that you have no legal right keep this money.