If I was supposed to receive 4 weeks of severance pay when my job was eliminated but received a check for 10 weeks, am I legally obligated to pay back the difference?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was supposed to receive 4 weeks of severance pay when my job was eliminated but received a check for 10 weeks, am I legally obligated to pay back the difference?

At the time of my termination I signed a legal document accepting 4 weeks of severance pay. I was very disappointed with this amount inasmuch as I worked for my company for 25 years and 9 months. I managed a retail store and during our closing months of business we far exceeded all sales expectations. When I received a check for 10 weeks of severance I thought I was being rewarded for my time of service and excellent sales. I was contacted a month later and told I needed to return the overpayment.

Asked on June 5, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, you must return this money; you did not earn. To keep it would constitute something in the law known as "unjust enrichment". If you do not return it, your former employer can sue you and take you to court. Think about it, had you been shortchanged on your severance, your ex-employer would owe you.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, you must return this money; you did not earn. To keep it would constitute something in the law known as "unjust enrichment". If you do not return it, your former employer can sue you and take you to court. Think about it, had you been shortchanged on your severance, your ex-employer would owe you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption