What are my options if I was being paid after I had quit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my options if I was being paid after I had quit?
I quit working for a large firm; I turned in my notice 3 months ago. I just received a call from my old manager that they kept sending paychecks to my bank. He said that they must have got the paperwork messed up and he wants me to email him saying that I had quit working for the company. I want to know who was filling out time cards and submitting them since I was not there.
Asked on September 15, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact is that in an age of automation, there are times that workers receive payment of wages after they have departed from a company's employ. It doesn't mean that someone was filing out a timecard in your name. More importantly, didn't you notice that you were receiving these deposits? Right now, you should know that legally you will be liable for repayment of these monies that were mistakenly paid to you. You did not earn it, so you cannot keep it. This would constitute "unjust enrichment", something the law will not condone. How repayment is arranged will be up to whatever you and your ex-employer can work out. That having been said, the company will likely not attempt to just reverse 3 month's of deposits. Again, contact them and see what arrangments you can make.
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.