If my former employer is still paying me 2 months after I quit and I needed the money so I spent it, what can the company do when it realizes its mistake?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my former employer is still paying me 2 months after I quit and I needed the money so I spent it, what can the company do when it realizes its mistake?
Asked on August 5, 2012 under Bankruptcy Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) The company can sue you to recover the money--since you were not employed and had no entitlement or right to it, there is no defense to having to repay it.
2) Under the circumstances--you knowingly taking money to which you were not entitled--the company can most likely recover its legal fees and court costs from you, too, if it has to sue.
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.