If I was overpaid on my last paycheck after I was let go, is it mine?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was overpaid on my last paycheck after I was let go, is it mine?

At my previous job, I get paid every friday for that week’s work, I worked on Monday and was given a call before coming into work on Tuesday announcing my termination. I had direct deposit on my account, and after taxes I was expecting somewhere around $90. My bank indicates that I received a deposit of $404, my full weekly pay. I do not believe I had any vacation and the like saved up, so would this money be mine or if the company says it’s an error shall they come after me for the remainder?

Asked on March 3, 2017 under Employment Labor Law, Wisconsin


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The law disfavors what is known as "unjust enrichment". In other words, someone benefiting from something that they did not earn. Consequently youu are legally obliged to repay your former employer for the overpayment. Think about it, if you had accidentally been underpaid, your ex-employer would be obligated to pay you the shortfall.

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