Can they threaten him for something that wasn’t his fault?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can they threaten him for something that wasn’t his fault?
My husband works at this hotel and
he gets paid every two weeks and
just recently he got a check i
guess that had the wrong date on
it which my husband didnt even
notice it at the time. They
actually gave him the wrong check
that was dated 2015 and
threatening him with the law if he
doesn’t pay his job back. Honestly
how is it my husband fault at
someone giving him the wrong check
its not like he stole it.
Asked on November 11, 2016 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the check is dated wrong or otherwise should not have been paid, he has to return it: it's not a question of fault or not, it's that he can't keep money which was paid him in error. (An error does not give you a right to money.) If he returned it, there would be no problem; but if he insists on keeping money to which he is not entitled after being made away that he has no right to it, now he is potentially committing a form of theft--keeping something he knows is not his. It is certainly something he could be sued over: someone may sue to recover improperly paid funds. By refusing to return money which is not his, your husband makes it his fault, even though the original error was not his fault.
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.