What is my legal resposibility?

UPDATED: Sep 30, 2022

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What is my legal resposibility?

I quit my job in March. I was on salary with direct deposit. Since then they have paid me. I tried to contact my former employer. I left him a voice message and I sent him a text. Now they have paid me again. I have put the money in my savings, and tried to reach him again. What is my legal obligation in this matter?

Asked on April 25, 2017 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If they ask for the money back, you have to return it: the law is clear that a mistake does not let you keep money to which you are not otherwise entitled. In your state, they effectively have up to 4 years to ask for the money back--that is, there is a 4-year statute of limitations for suing (that is, taking action) to recover the money in a case like this (it is the statute of limitations for a contract, since the claim would arise out of the employer-employee relationship, or the agreement [contract, even if only an oral or unwritten one] pursuant to which you agreed to work and the employer agreed to pay you for working); only after 4 years have passed without them trying to recover the money would it effectively become yours.

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