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| *Ostroff, Fair and Company>>>Law & Legal |
Continuing to get paid after termination.? |
I left a job a while back and they are continuing to pay me. Am I legally obligated to pay it back? Can they come after me if I don't? What a bunch of dorks in that payroll dept! You're sure this isn't commission, earned vacation time, profit sharing, or any other form of income that might be due to you post-termination? The bottom-line answer is, "yes, they can come after you." Similar to a bank deposit or IRS refund error made in your favor, they do have the right to demand repayment. If it's not very much money, it won't be worth taking you to court over (less than $5k = small claims court.) You will be legally required to return the money plus interest. I would contact the HR department from the company, and indicate to them IN WRITING and by TRACEABLE delivery (i.e. certified mail, fed ex, ups, etc.) that you are receiving the checks and requesting that they stop sending them. Technically, you shouldn't deposit them, but if you do, deposit them and place them in a savings account -- don't touch them until you return the funds, or are advised that the funds are yours to keep. If it were me, I would cash the checks, put them in the bank in a separate account, and if they don't come after you in a year, then the money is yours. They are not entitled to interest...not sure where the poster got that from. You didn't defraud anyone, and you are not responsible for their payroll practices. Your rights are drastically different, legally, as a FORMER employee vs a current employee. It could also be possible that they are paying you a severance and just forgot to tell you it was coming. I had a company that overpaid me (and ONLY discovered this after had been gone for 8 months) by $3400. They claim that they 'miscalculated' my bonus on a couple of months. I told them I wanted to see a breakdown of how they came up with that figure and they said, "Well, while we are getting that, we really need for you to send us a check" and I said, "You send me a list and IF I agree with it, I'll send you a check." That was 12 years ago. Never heard back. |
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