Do I have to pay an overpayment of payroll?
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Do I have to pay an overpayment of payroll?
I gave a 2 weeks written notice when I left my last job. I got paid bi-monthly and I received my normal paycheck. I assumed this was for the days I worked and 1 week of vacation due me. I then received another paycheck. I had a heart attack about that time so I considered it a blessing. Now I am being sued for overpayment of payroll by the company. I feel it is the company’s fault for not keying in my termination date like they should have. Do I have to pay this back?
Asked on February 24, 2012 under Employment Labor Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, you have to return an overpayment, A mistake by one party does not entitle the other party to keep the money--it does not create any right in or entitlement to the money. Consider: if the any of the following happens--
1) You accidently overwithhold on your taxes, so paid more in taxes than you owed;
2) You accidentally wrote a contractor or repair person too large a check;
3) You accidentally hit the "pay" button twice while making an online paymentt, so that your card was charged twice
--you would expect to get the extra money back, and would in fact get the money back. Someone else could not keep your money due to an error; and similarly, you cannot keep somone else's money because of a mistake.
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