Do I have to pay an overpayment of payroll?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have to pay an overpayment of payroll?

I gave a 2 weeks written notice when I left my last job. I got paid bi-monthly and I received my normal paycheck. I assumed this was for the days I worked and 1 week of vacation due me. I then received another paycheck. I had a heart attack about that time so I considered it a blessing. Now I am being sued for overpayment of payroll by the company. I feel it is the company’s fault for not keying in my termination date like they should have. Do I have to pay this back?

Asked on February 24, 2012 under Employment Labor Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, you have to return an overpayment, A mistake by one party does not entitle the other party to keep the money--it does not create any right in or entitlement to the money. Consider: if the any of the following happens--

1) You accidently overwithhold on your taxes, so paid more in taxes than you owed;

2) You accidentally wrote a contractor or repair person too large a check;

3) You accidentally hit the "pay" button twice while making an online paymentt, so that your card was charged twice

--you would expect to get  the extra money back, and would in fact get the money back. Someone else could not keep your money due to an error; and similarly, you cannot keep somone else's money because of a mistake.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption