What is my legal responsibility if my previous employer still pays me a direct deposit check weeks after I left the company?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is my legal responsibility if my previous employer still pays me a direct deposit check weeks after I left the company?
Asked on May 10, 2011 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) Unless you are entitled to that money for some reason--e.g. it is payment for unused vacation; it is pursuant to a severance agreement providing for additional compensation; you are still working for them in an offsite capacity and this is payment therefore--you will have to return the money if asked to do so. You should therefore not spend the money. Ideally, since it's not yours, you should inform the company and return it; but at a minimum, you will have to return it upon demand, and must be prepared to do so.
2) If you end up keeping the money under some circumstances, it is income and you will have to pay income taxes on it, or else you will have violated tax law.
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.